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School legislation enacted by the General Assembly of North Carolina

School legislation: enacted by the General Assembly of North Carolina, regular session 1927, regular session 1925 and extra session 1924

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Kducatioxal Publication No. 113 Division of Publications No. 32
SCHOOL LEGISLATION
ENACTED BY THE
GENERAL ASSEMBLY OF NORTH CAROLINA
REGULAR SESSION 1927
REGULAR SESSION 1925
and
EXTRA SESSION 1924
published bt the
State Superintendknt of Public Instruction
Raleigh, N. 0.
INTRODUCTORY NOTE
The General Assembly of 1923 revised and codified the public school laws
relating to the county and other local school officials. This codification,
chapter 136, Public Laws 1923, together with those laws defining the powers
and duties of the State Board of Education and the State Superintendent
of Public Instruction that were not changed and other public school laws
enacted by the General Assembly of 1923, were printed in bulletin form and
made available for distribution.
Since these laws were printed, certain new laws have been enacted and
many sections of the Code of 1923 and the Consolidated Statutes have been
amended by the General Assemblies of Extra Session 1924, Sessions 1925
and 1927. These sections of the code that have been amended, together with
the new laws in effect now, are printed herewith in pamphlet form. This
pamphlet, therefore, and the publication referred to above, contain the com-plete
school law now in effect in the State.
state Superintendent of Public Instruction.
March 18, 1927.
n
)f
CONTENTS
I. Since the school code of 1923 was enacted the following special acts
relating to education have been enacted:
TAGB
An act to provide for the distribution of the Equalizing Fund for certain
counties (1927, c. —) 7
An act to appoint the boards of education in the respective counties in
North Carolina (1927, c. —) 10
An act to provide a Special Building Fund to be loaned to county boards
of education to aid in erecting schoolhouses (1927, c. —) : 15
An act to ratify and validate enlargements of special charter school dis-tricts
and the voting of bonds therein under certain circiim-stances
(1927, c. —) - 20
An act to provide for the creation of school districts (1927, c. —) 21
An act establishing "The Old North State" as the State's official song
for North Carolina (1927, c. —) 23
An act to provide for giving publicity to highway traffic laws through
the public schools (1927, c. —) 24
An act to provide for fire drills in the public schools in North Caro-lina
(1925, c. 130) 25
An act to protect school children riding in public school busses upon the
public roads and highways of the State (1925, c. 265) 26
An act to regulate the speed of busses carrying school children (1925,
c. 297) - 26
An act to provide for the recording in the office of the State Auditor
statements concerning bonds and notes of counties, townships, school
districts, municipal corporations, and taxing districts, and making
effectual the means of payment provided for said counties and to
provide for supervision of such means by the State Auditor, and
making noncompliance with certain parts of this act a misdemeanor
and violation of certain parts thereof a felony and providing penal-ties
and repealing chapter 100, Public Laws of 1925 (1927, c. —)~ 26
An act to provide for requisition in the name of the owner of bonds of
counties, cities, towns, school districts, and school taxing districts
(1925, c. —) 30
An act to authorize disbursing officers of counties, cities, towns, town-ships,
school districts, and school taxing districts to pay and to con-tract
to pay fiscal agency fees for the payment of bonds and cou-pons
(1925, c. 195) 31
An act to provide for the administration of the fiscal affairs of counties.... 31
An act to provide for the issuance of bonds and notes of counties, and
for property taxation for the payment thereof, with interest 39
II. The following sections of the school code of 1923 have been amended:
Section 8. A standard high sdhool defined (C. S. Ill, 5392; 1927.
c. —, s. 1) _ 54
Section 56. Authority of commissioners to borrow (C. S. Ill, 5464;
1927, «0 c. —, s. 18) „ _ 54
^ 5
PAGE
Section 58. How school funds shall be disbursed (C. S. Ill, 5466;
1927, c. —, s. 20) 54
Section 60. The erection of schoolhouses (C. S. Ill, 5468; 1925, c. 221) 55
Section 61. Condemnation of school sites (C. S. Ill, 5469; Extra Session
1924, c. 121, s. 1) 55
Section 64. County boards may aid charter districts in the erection of
schoolhouses (C S. Ill, 5472; 1925, c. 180, s. 1) 56
Section 73-a, The county-wide plan (C. S. Ill, 5481; Extra Session
1924, c. 121, §. 2) 5G
Section 79. Changing boundaries of special charter districts (C. S. Ill,
5487; 1925, c. 150, s. 1) 58
Section 172-218. Part VI of the s(ihool code of 1923 pertaining to the
revenue for the public schools rewritten and amended (C. S. Ill,
5585-5636; 1927, c. —) 58
Section 220. Petition for local tax elections (C. S. Ill, 5640; 1925,
c. 143, s. 1) 73
Section 223. Increasing local tax rates in charter and local tax dis-tricts
(C. S. Ill, 5643; 1925, c. 143, s. 2) 74
Section 226. Enlargement of districts (C. S. Ill, 5646; 1927, c. —
,
ss. 1, 2) 74
Section 230. Enlarging boundaries of districts within an incorporated
city of town (C. S. Ill, 5650; 1925, c. 143, s. 3) 74
Section 232. Joint districts (C. S. Ill, 5651; Extra Session 1924, c. 32,
s. 1) _ 76
Section 236. Petition for election in special school taxing districts
(C. S. Ill, 5657; 1927, c. —, s. 1) _ 78
Section 245. Local tax rates under county-wide special tax (C. S. Ill,
5666; 1925, c. 180, s. 2) 78
Section 257. Bond elections (C. S. Ill, 5669; Extra Session 1924,
c. 121, s. 3) „... 79
Section 263. Bond elections in special charter districts (C. S. Ill, 5675;
Extra Session 1924, c. 121, ss. 4, 5; 1927, c—, s. 1) 79
Section 271. Commissioners may borrow for building without vote of
people (Extra Session 1924, c. 120; 1925, c. —; 1927, c. —) 80
Section 347. Compulsory attendance (C. S. Ill, 5757; 1925, c. 226, s. 1) 81
Section 351. Evidence of compulsory attendance violation (C. S. Ill,
5761; 1925, c. 226, s. 2) 82
Section 369. Observance of Arbor Day (C. S. Ill, 5780-p; 1927, c. —, s. 1) 82
Section 378-a. Effect of chapter 95 (the school code) upon local or pri-vate
bond acts (1925, c. 143, s. 4) 82
III. The following sections of the Consolidated Statutes not included in the
code of 1923 have been aimended:
Section 3910. Treasurer's commission (C. S. 3910; Extra Session 1924,
c. 121, s. 6) _ - 83
Section 5435. Contiguous school census (C. S. Ill, 5435; 1925, c. 95, s. 1) 83
Section 5446. Children at orphanages (C. S. Ill, 5446; 1927, c. —, s. 1) 84
Section 5578. Date of teachers' examinations (C. S. Ill, 5578; 1925,
c. 181, s. 3) -. 84
SCHOOL LEGISLATION
ENACTED BY THE GENERAL ASSEMBLY, SESSIONS OF
1927, 1925 AND EXTRA SESSION 1924
SPECIAL ACTS
AN ACT TO PROVIDE FOR THE DISTRIBUTION OF THE EQUALIZING
FUND FOR CERTAIN COUNTIES.
Whereas, the Constitution directs the General Assembly of North Carolina
to provide by taxation and otherwise for a general and uniform system of
public schools for the State; and
"Whereas, there appears to be marked difference in the assessed valuations,
the tax rates, and the types of schools in the various countfes; and
Whereas, the county commissioners in many counties cannot secure the
funds necessary for the support of the six months school term from county
revenues alone without making the taxes burdensome and the tax rates
grossly unequal among the several counties; and
Whereas, State aid is necessary in order more nearly to equalize both the
tax rates for schools and the school advantages in the different counties;
therefore.
The General Assembly of North Carolina do enact:
Section 1. That the appropriation made under Title IV 5 (2) of Section I
in "An' Act to Make Appropriations for the Maintenance of the State's Institu-tions,
the Various Departments, Bureaus and Agencies of the State Govern-ment"
of the sum of three million two hundred and fifty thousand dollars
($3,250,000) for an Equalizing Fund for the year ending June thirtieth, one
thousand nine hundred and twenty-eight, and of the sum of three million two
hundred and fifty thousand dollars ($3,250,000) for an Equalizing Fund
for the year ending June thirtieth, one thousand nine hundred and twenty-nine,
shall be distributed among the various counties of the State as here-inafter
provided.
Sec. 2. That a State Board of Equalization is hereby established, which
shall be composed of eleven members, one of whom shall be the Presiding
Officer of the Senate and one member from each Congressional District of
North Carolina, to be appointed by the Governor and confirmed by tHe Senate
before the adjournment of the Regular Session of the General Assembly for
the year one thousand nine hundred and twenty-seven; said members shall
serve for a period of four years from the time of their appointment and
shall receive as compensation therefor the sum of ten dollars per day and
expenses while actually engaged upon the business of the Board. The State
Board of Equalization shall have the power to appoint an executive secretary
and such assistants as they may deem necessary and shall be provided with
adequate quarters in the Department of Revenue. Said Assistants and em-ployees
of said State Board of Equalization shall collect and organize data
dealing with the value of property of the several counties of the State. The
salary of all employees and members of the Board shall be paid out of the
Equalization Fund upon requisition drawn by the State Superintendent of
Public Instruction.
Sec. 3. The duties of the State Board of Equalization shall be as follows:
To investigate, study, compare, and determine the true value of all property
subject to taxation for each and every county in the State, which value shall
be the basis upon which taxes for the six months school term shall be levied
and collected, and the basis upon which the Equalizing Fund shall be ap-portioned.
In performing this duty the State Board of Equalization shall
have the right to examine all records bearing on this subject in any public
office in North Carolina, and it shall be the duty of all public officials in
the State and of all owners of property, both individual and corporate, to co-operate
with said Board and to give it upon request such information as
they may have. The State Board of Equalization shall certify the total value
of all property as by it determined of each and every county to the Commis-sioner
of Revenue, to the State Superintendent of Public Instruction, to th'e
State Auditor, and to the board of county commissioners and the county
board of education of each county not later than June first of each year,
beginning with June first, one thousand nine hundred and twenty-eight.
Said board shall also have authority to make such rules and regulations
concerning the time and place of its meeings as it may determine and the
right to conduct such hearings as it may deem necessary in the performance
of its duties, and for that purpose may issue subpoenas under the hand of
its chairman or secretary, compelling the attendance of persons and the
production of papers at any time and place designated by said board, and
shall also have the right to enforce obedience to its lawful orders.
Sec. 4. Before any county shall participate in the Equalizing Fund for
the year ending June thirtieth, one thousand nine hundred twenty-eight,
the Board of County Commissioners shall levy and collect by ad valorem
tax a net sum equal to the amount which would be raised by a tax of forty
cents on each one hundred dollars of valuation as determined by the State
Board of Equalization on or before June 1. 1927, as said county's part of
the current expenses for the six months school term of 1927-28 in the' sup-port
of which the State participates. Before any county shall participate
in the Equalizing Fund for the year ending June thirtieth, one thousand
nine hundred and twenty-nine, the Board of County Commissioners shall
levy and collect by ad valorem tax a net sum equal to the amount which
would be raised by a tax of forty cents on each one hundred dollars of
valuation as determined by the State Board of Equalization on or before
June one, one thousand nine hundred and twenty-eight, as said county's part
of the current expenses for the six months school term of 1928-29 in the
support of which the State participates. This tax shall be levied and col-lected
in the same way and manner that other county taxes are levied and
collected and shall be turned over to the treasurer of the school fund of
each county.
Sec. 5. For the purpose of making the apportionment of the Equalizing
Fund for the year ending June thirtieth, one thousand nine hundred and
A,
twenty-eight, and also for the year ending June thirtieth, one thousand nine
hundred and twenty-nine, the State Board of Equalization shall cause to be
checked hy the State Superintendent of Public Instruction the approved
November Budget of the last preceding year of each and every county in
accordance with the salaries, actually paid, not in excess, however, of the
State salary schedule; and in accordance with the number of teachers
employed, not in excess, however, of the number allowed by law; and shall
determine therefrom the necessary cost of maintaining the six months
school term in each county, including the salaries of teachers, principals
and superintendents, and including in addition thereto the actual amount
expended for current expense other than salaries, not in excess, however,
of fifteen per cent of salaries according to the State salary schedule. TEe
amount due any county from the Equalizing Fund shall be th'e amount by
which the necessary cost of the six months schol term as herein calculated
exceeds the amount produced by the levy of forty cents on the valuation of
said county as determined by the State Board of Equalization as provided
in section 4 of this act.
Sec. 6. The payment of the Equalizing Fund to the participating coun-ties
may be made in not more than four installments at such times as may
be practicable to meet the needs and necessities of the six months term
in the various counties. When it shall appear to the State 'Superintendent
of Public Instruction from the November Budget of the current year that
any county participating in the Equalizing Fund has provided its part of
the necessary cost of maintaining the six months school term, he shall
draw his requisition on the State Auditor for the last installment of the
county's allotment of the Equalizing Fund.
Sec. 7. It shall be the duty of the State Board of Equalization To set
aside out of the Equalizing Fund provided for the school years ending June
thirtieth, one thousand nine hundred and twenty-eight, and June thirtieth,
one thousand nine hundred and twenty-nine, the sum of one hundred thou-sand
dollars ($100,000), and to distribute the same among the participating
counties as follows:
(a) There may be apportioned to any participating county an additional
amount of not exceeding five percent of its estimated salary needs when,
in the opinion of the State Board of Equalization, such increase is justified
by increased school attendance and growth and improvement of the schools
in such county.
(b) The Equalization Board may appropriate an amount not in excess
of three thousand dollars ($3,000) to any participating county when, in the
opinion of said Board, such county may have suffered any unforeseen mis-fortune
to an extent suflScient to affect seriously the general revenue of the
county.
(c) The State Board of Equalization may appropriate an amount not
exceeding two thousand dollars ($2,000) to any participating county when,
in the opinion of the Board, said county has made such efforts for the im-provement
of its schools through the improvement of its teaching personnel
as make it deserving of such aid.
(d) Said Board may also, in case of participating counties whose school
terms begin prior to September first in any year, making advances in antici-pation
of the first payment or distribution to which said counties m~ay be
entitled out of the fund, which advances shall be deducted from the
amounts due such counties upon levy and collection of taxes by them as
hereinbefore provided. In the event all of the sum herein designated shall not
be used for the purposes herein set out, then such unused portion shall be re-turned
to the Equalizing Fund.
Sec. 8. In the event that the Equalizing Fund of three million, two hun-dred
and fifty thousand dollars ($3,250,000) is not sufl&cient together with
the amount raised by the levy and collection of a forty cent county tax
on the valuations determined by the State Board of Equalization and to-gether
with those funds required by the Constitution to be placed to the
credit of the free public schools of each county to provide a six months
school term, exclusive of debt service and capital outlay costs, then it shall
be the duty of the State Board of Equalization to ascertain the additional
rate necessary to provide that part of the current expense of the six months
school term in which the State participates and to notify the county boaf^
of education who in turn will notify the board of county commissioners
of each participating county; and it is hereby declared the duty of the
said board of county commissioners of each participating county to levy the
additional tax necessary for this purpose, in no event, however, to exceed
five cents on the one hundred dollars of valuation as determined by the^State
Board of Equalization, and being the same on this determined valuation
in all counties.
Seo. 9. Nothing in this act is intended to prevent a county from levying
taxes to pay higher salaries than the State salary schedule, or to provide for
additional teachers, or to provide funds for bonded indebtedness, interest,
buildings, and other operating expenses.
Sec. 10. Each section of this act and this act as a whole shall be so con-strued
as to provide for a fair and equitable distribution of the Equalizing
Fund to the end that the burden of support of the six months ferm may rest
equitably upon all the participating counties.
Sec. 11. All laws and clauses of laws in conflict with this act~are hereby
repealed.
Sec. 12. This act shall be in force from and after its ratification. .
Ratified this the 9th day of March, 1927.
1927, c. —
.
AN ACT TO APPOINT THE BOARDS OF EDUCATION IN THE EESPEC-TIVE
COUNTIES IN NORTH CAROLINA.
The General AssemMy of North Carolina do enact:
Section 1. That the hereinafter named persons are appointed members of
the County Board of Education for the several counties in the State to fill
the vacancies which will occur in the Board of. Education of the several
counties in the State on the first Monday in April, one thousand, nine hun-dred
and twenty-seven, or to fill the vacancies created by this act, and the
following named persons are hereby appointed to the respective Boards of
Education of the several counties in the State, for the terms set opposite
their names below, to wit:
10
Alamance: C. P. Albright, E. J. Braxton, W. R. Sellers, J. J. LamJjeth,
J. E. Sellers, each for the term of two years.
Alexander: J. C. Fortner, for the term of two years.
Alleghany: John C. Halsey, for the term of two years.
Anson: J. L. Little, for the term of six years.
Ashe: A. A. Price and G. C. Green, each for the term of four years.
Avery: M. C. Biggerstaff, for the term of two years; J. M. Phillips, for
the term of four years; D. P. Bridges, for the term of six years.
Beaufort: W. J. Justus, Frank W. Cox, each for the term of six years.
Bertie: M. B. Gilliam, R. A. Urquhart, W. A. Tayloe, D. R. Britton, T. A.
Smithwick, each for the term of two years.
Bladen: J. Fletcher Council, for the term of four years; L. D. Melvin, for
the term of six years.
Brunswick: Frank Galloway, for the term of four years; R. T. Williams,
J. L. Stone, each for the term of two years.
Buncomde: James T. Roberts, Albert Teague, Claude L. Felmet, George
W. Craige, Marshall West, each for the term of two years.
Burke: J. E. Coulter, A. N. Dale, Will Davis, W. E. McConnaughey, L. F.
Brinkley, each for the term of two years.
Cabarrus: G. G. Allen, for the term of six years.
Caldwell: W. J. Lenoir, W. H. Livingstone, each for the term of six years.
Camden: Thomas Whaley, T. B. Godfrey, J. W. Jones, each for the term
of two years.
Carteret: W. H. Taylor, for the term of six years.
Caswell: George Oliver, Giles Mebane, N. J. Taylor, each for the term
of two years.
Catawba: B. B. Blackwelder, for the term of six years, Dr. Fred T. Foard,
C. C. Hewitt, each for the term of four years; Oscar Sherill, for the term
of two years; Eli Warlick, for the term of six years.
Chatham: E. R. Hinton, for the term of six years; G. M. Womble, for the
term of four years.
Cherokee: Charles B. Hill, Percy B. Ferrebee, T. T. Johnson, each for the
term of two years.
Chowan: Thomas W. Elliott, W. D. Welch, each for a term of two years;
R. N. Privott, Mrs. Z. W. Evans, each for a term of four years; W. B. Hassell,
for a term of six years.
Clay: W. T. Bumgarner, for a term of two years; Mark Weaver, for a
term of four years; H. B. Patton, for a term of six years.
Cleveland: W. A. Ridenhour, C. D. Forney, W. D. Lackey, Ivey Willis,
J. L. Horde, each for the term of two years.
Columbus: John F, Rogers, R. F. Covington, Glenn F. Holmes, James
C. Nye, David Wells, each for the term of two years.
Craven: J. H. Parker, for the term of six years; J. H. West, for the term
of four years; J. H. Elliott, for the term of two years.
Cumberland: N. S. McArthur, D. W. Carter, each for the term of six years.
11
Currituck: W. H. Gallop, Henry G. Dozier, G. C. Boswood, each for the
term of two years.
Dare: Samuel A. Griffin, 0. C. Fulcher, Calvin E. Payne, A. C. Goard,
E. N. Baum, each for the term of two years.
Davidson: C. C. Wrenn, John R. Myers, each for the term of two years.
Davie': Peter W. Hairston, for the term of six years.
Duplin: W. J. Grady, for the term of six years.
Durham: J. D. Hamlin, W. I. Cranford, H. G. Hedrick, J. B. Mason, H. L.
Umstead, each for the term of two years.
Edgecombe: George M. Fountain, R. A. Stancil, B. H. Thomas, each for
the term of two years.
Forsyth: James Griffith, P. Frank Haynes, George Miller Hinshaw, each
for the term of two years.
Franklin: E. L. Green, for the term of six years; Mrs. Mamie Dickens,
to succeed T. H. Dickens, deceased, for the term of four years, her appoint-ment
to take effect immediately.
Gaston: S. M. Boyce. J. H. Rudisill, C. E. Hutchinson, each for the term
of two years.
Gates: J. L. Hofler, J. C. Holland, E. A. Benton, each for the term of two
years.
Graham: S. P. Harwood, T. A. Morphew, D. T. Hyde, each for the term
of two years.
Granville: B. N. Clement, J. W. Dean, R. S. Hart, S. F. Bullock, J. L.
Peed, each for the term of two years.
Greene: J. E. Debnam, W. D. Cobb, L. A. Mewborn, each for the term of
two years.
Guilford: C. H. Ireland, for four years; Dred Peacock, for four years;
S. E. Coltrane, for four years; William H. Bennett, for two years; D. M.
Chrismon, for two years.
Halifax: F. H. Gregory, for a term of two years; W. F. White, for a term
of six years; T. M. Jenkins, for the term of four years.
Harnett: H. S. Holloway, D. P. Ray, E. W. Smith, each for the term of
two years.
Haywood: D. M. Cagle, W. T. Sharp, Lee V. Rogers, each for the term of
two years.
Henderson: J. W. Morgan, for the term of six years.
Hertford: G. C. Picot, W. D. Boone, W. A. Thomas, each for a term of two
years.
Hoke: Jesse Gibson, Louis Parker, Laurie McEachern, J. A. Hodgin, B. R.
Pickler, each for the term of two years.
Hyde: J. H. Swindell, James S. Mann, William Payne, each for the term
of two years.
Iredell: F. B. Gaither, D. E. Turner, D. Lee Morrow, A. L. Mills, W. C.
Wooten, each for the term of two years.
Jackson: C. L. Allison, N. D, Davis, each for the term of two years.
12
Johnston: W. G. Wilson, J. W. Woodard, P. B. Johnson, each for the term
of two years.
Jones: J. J. Simmons, for the term of six years.
Lee: J. C. Watson, for the term of six years; D. E. Shaw, for the term of
four years; B. R. Buchan, for the term of two years.
Lenoir: W. B. Becton, R. G. Hodges, Thad Turner, D. W. Wood, E. V.
Webb, each for the term of two years.
Lincoln: L. A. Yoder, T. N. James, 0. F. Howard, each for the term of
two years.
Macon: Alex Moore, for the term of six years; Dr. S. H. Lyle, for the
term of four years ; N. L. Barnard, for the term of two years.
Madison: Fred Halcomhe, Lee Ramsey, Wiley M. Roberts, each for a term
of four years, and they will assume ofRce from and after the date of the rati-fication
of this act, and their qualification as required by law.
Martin: B. M. Worsley, Nathan Rogers, K. B. Crawford, each for a term
of four years; J. A. Getsinger, Henry Norman, each for a term of two years.
McDowell: J. S. Bradley, for the term of six years.
Mecklenburg: W. Banks McClinock, for four years; Julian S. Miller,
J. Wilson Alexander, each for the term of six years.
Mitchell: W. B. Young, Deck T. Fortner, S. T. Henry, each for the term
of two years.
Montgomery: W. B. Cochran, Chas. J. McLeod, J. J. Russell, each for the
term of two years.
Moore: John W. Graham, John R. McQeen, each for the term of six years;
S. H. Miller, for the term of four years; C. C. Jones, Dr. J. P. Davis, each
for the term of two years.
Nash: F. V. Avant, John W. Roberson, T. A. Avera, each for the term of
two years.
New Hanover: Dr. Charles T. Bolles, for the term of six years.
Northampton: W. Harry Stephenson, for the term of six years; E. S.
Bowers, for the term of four years; A. L. Lassiter, for the term of two years.
Onslotv: J. H. Amen, R. K. Heritage, J. D. Coston, Dan W. Russell, W. Lee
Humphrey, each for the term of two years.
Orange: Sterling Browning, M. P. Efland, E. C. Compton, each for the
term of two years.
Pamlico: J. L. McCotter, for the term of six years; J. W. Sawyer, for the
term of four years; Dr. S. E. McCotter, W. J. Smith, each for the term of
two years.
Pasquotank: J. M. LeRoy, for the term of six years.
Pender: C. F. Mallard, for the term of six years.
Perquimans : W. E. Dail, Shelton M. Lang, each for the term of two years;
J. H. Baker, for the term of four years.
Person: W. R. Wilkerson, D. S. Brooks, Robert P. Burns, C. G. Reade,
0. G. Davis, each for the term of two years.
Pitt: M. 0. Blount, for the term of six years.
13
Polk: Miss Mae I. Flentye, C. G. Feagan, R. 0. Andrews, John R. Anderson,
each for the term of two years.
Bandolph: J. F. Hughes, for the term of two years.
Richmond: Nelson Gibson, for the term of six years.
Robeson: Mrs. W. M. Oliver, Miss Mary McEachern, each for the term of
six years.
Rockingliam : Eugene Irvin, C. P. Wall, J. L. Roberts, T. B. Wilson, T. J.
Garrett, each for the term of two years.
Rowan: J. W. Peeler, Mrs. E. W. Burt, W. Frank Thompson, each for the
term of six years.
Rutherford: Plato Gettys, Mrs. C. B. Wiseman, W. W. Nanney, each for
the term of two years.
Samx)son: Martin D. Jackson, George D. Herring, each for a term of six
years.
Scotland: W. N. McKenzie, T. L. Henly, W. G. Shaw, each for a term of
two years.
Stanly: A. P. Harris, for a term of six years; Mrs. Belle Ritchie, A. L.
Efird, for a term of four years each; W. A. Hough, W. A. Cagle, each for a
term of two years.
Stokes: J. Reid Forest, 0. T. Shelton, H. McGee, H. H. Leake, J. W.
Priddy, each for a term of two years.
Surry: John D. Thompson, J. J. Richards, W. R. Badgett, J. F. Cai'ter,
T. M. Marsh, each for a term of two years.
Sivain: S. E. Varner, for a term of six years; George H. Tabor, for a term
of four years; J. H. Coffey, for a term of two years.
Transylvania: J. S. Broomfield, for a term of six years; C. F. Woodfin, for a
term of four years; C. R. Sharp, for a term of two years.
Tyrrell: W. S. Carawan, J. R. Pledger, C. Z. Sawyer, each for a term of
two years.
Union: Luther E. Huggins, W. D. Hawfield, B. F. Parker, W. M. Gordon,
T. L. Price, to succeed the present Board, whose terms of office are vacated,
each to serve for a term of two years.
Vance: J. E. Kimball, R. L. Bennett, each for a term of four years; E. T.
Woodlief, Mark H. Stone, A. J. Parrott, each for a term of two years.
Wake: Needham Y. Gulley, M. B. Chamblee, Dr. W. C. Riddick, each for a
term of two year?.
Warren: Miss Amma D. Graham, Jesse Gardner, J. King Pinnell, Stanley
W. Powell, J. D. Riggan, each for the term of two years.
Washington: W. R. Hampton, H. H. Bateman, W. B. Davenport, each for
a term of two years.
Watauga: W. F. Sherwood, D. D. Daugherty, B. T. Taylor, each for a term
of two years.
Wayne: A. H. Edgerton, for a term of six years.
Wilkes: C. C. Faw, J. H. Pennell, T. M. Brown, each for a term of two
years.
Wilson: Doane Herring, J. H. Thompson, R. L. Barnes, each for a term
of six years.
14
Yadkin: M. V. Fleming, T. J. Phillips, H. D. Williams, each for a term of
two years.
Sec. 2. The members appointed under this act, except as in this act
otherwise provided, shall qualify by taking the oath of office on or before
the first Monday in April, one thousand nine hundred and twenty-seven, and
they shall elect a County Superintendent of Education before the fifteenth of
April, one thousand nine hundred and twenty-seven.
Sec. 3. All laws in confiict with this act are hereby repealed.
Sec. 4. This Act shall be in force from and after the date of its ratification.
Ratified this 9th day of March, 1927.
1927, c. —
.
AlV ACT TO PEOTIDE A SPECIAL BUILDING FUND TO BE LOANED TO
COUNTY BOARDS OF EDUCATION TO AID IN ERECTING SCHOOL-HOUSES.
Whereas, the General Assembly of North Carolina, at the regular session
of one thousand nine hundred and tw^enty-one, by the enactment of chapter
147, Public Laws of one thousand nine hundred and twenty-one, in order to
aid the counties in the erection of a larger and more permanent type of rural
school, created a special building fund of five million dollars, all of whicli;
supplemented by another five million from the counties, is now in commo-dious
school buildings in every county of the State; and
Whereas, the General Assembly of North Carolina, article 25, chapter 136,
Public Laws of one thousand nine hundred and twenty-three, created a second
special building fund of five million dollars, to be loaned to the county boards
of education from and after January first, one thousand nine hundred and
twenty-four; and
Whereas, the General Assembly of North Carolina, chapter 201, Public
Laws of one thousand nine hundred and twenty-five, created a third special
building fund of five million dollars to be loaned to the county boards of
education from and after January first, one thousand nine hundred and
twenty-six; and
Whereas, the State Board of Education received applications from county
boards of education for loans from this fund to the amount of more than
seven million dollars, from which applications the State Board of Education
approved loans for the full amount authorized, and has actually lent tffe
entire five million dollars to the county boards of education for definite and
fully described projects, most of which were complete by December, one
thousand nine hundred and twenty-six, and are now being used as school-houses;
and ,
Whereas, eighty-six counties estimate their urgent building needs for the
next biennium to be eight million dollars; and
Whereas, counties may obtain money for building purposes at a lower
interest rate than by local bonds, thereby saving interest charges: Now,
therefore.
15
The General Assemily of North Carolina do enact:
Section 1. That for the purpose of providing "a special building fund,"
to be loaned to the county boards of education for maintaining a six months
school term, the Treasurer is authorized and directed to issue bonds of the
State of North Carolina, payable in the manner and on the date hereinafter
described, to an amount not to exceed two million five hundred thousand
dollars ($2,500,000). All of said bonds shall bear interest at a rate not to
exceed four and one-half (4i^) per cent per annum, payable semiannually
on the first days of January and July of each year, and the said bonds shall
bear date as of the iirst day of January of each and every year in which they
may be issued, under the provisions of this act.
(a) Special huilding fund a separate fund. That the proceeds from the
sale of these bonds shall be a separate fund in the hands of the State Treas-urer
and shall be kept distinct from all other funds of the State. The funds
shall be paid out upon the warrant of the State Auditor, but no warrant shall
be issued by the Auditor except upon the requisition of the State Superin-tendent
of Public Instruction, with the approval and at the direction of the
State Board of Education. The bank or banks in which any money belonging
to this fund is deposited by the State Treasurer shall be required to pay
interest on monthly balances on said money at the rate of three per cent
per annum, and all such money so collected shall be credited monthly by
the State Treasurer to this fund.
(b) State Board of Eduzation authorised to make loans. That the State
Board of Education, under such rules and regulations as it may deem ad-visable,
not inconsistent with the provisions of this chapter, may make loans
from "The Special Building Fund" to the county board of education of any
county for building, equipping and repairing public school buildings, dormi-tories,
teacherages, and for the purchase of suitable sites: Provided, that no
loan shall be made from this fund until the application for said loan has
been made by the county board of education and approved by the county
commissioners, nor until said commissioners shall certify that the loan is
necessary to maintain a six months school term: Provided^ further, tliat no
loan shall be made from this fund for erecting or repairing any school build-ing
containing less than seven rooms, nor shall any building be erected in
whole or in part from funds borrowed from the State unless the plans for
said building shall have been approved by the State Superintendent of Public
Instruction.
(c) The first four installments paid back to the State by the counties,
as contemplated in this act, are hereby declared to be a part of the special
building fund and may, in the discretion of the State Board of Education,
be loaned to the counties on the same terms and in accordance with the same
rules as provided for an original loan.
Sec. 2. Loans to county boards of education made under the provisions
of this act shall be payable in twenty equal installments, shall bear interest
payable annually in advance at the same rate that the State had to pay on
the bonds issued under this act for securing "The Special Building Fund,"
and said loans shall be evidenced by the note or notes of the county board
of education, executed by the chairman and secretary thereof, and deposited
with the State Treasurer. The first installment of such loan, together with
the interest on the balance of the principal remaining unpaid, shall be paid
16
by the county board of education on or before the fifteenth day of December
subsequent to the making of such loan, and the remaining installments,
together with the interest, shall be paid, one each year, on the fifteenth day
of Decemiber of each subsequent year until all shall have been paid: Pro-vided,
if at the end of any five-year period it shall appear the earnings of
said fund are more than sufficient to retire said bonds the State Board may
direct the State Treasurer to transfer such surplus to the State literary
fund, and after all bonds are retired any balance remaining shall be turned
over to the State literary fund.
Sec. 3. The county board of education shall provide in its May budget for
a special tax, to be styled "A Special Building Fund Tax," sufficient to repay
the annual installment together,with the interest due, and shall issue its order
upon the treasurer of the county school fund and therefor, who, prior to
the fifteenth day of December, shall pay over to the State Treasurer the
amount then due. Any amount loaned under the provisions of this act shall
be a lien upon the total school fund of such county, in whatsoever hands
such funds may be; and if the board of county commissioners fail to provide
for a sufficient tax for the fund for the repayment of notes, loans and bon^s
to pay the loans and interest when due, so long as any part of said loan and
interest are due, the board of county commissioners shall borrow the money
in order that the six months school term may be maintained in accordance
with the Constitution. Upon failure of any county to pay any installment
or interest, or part of either, when due, the State Treasurer may deduct a
sufficient amount for the payment of the same out of any fund due such
county from any special State Appropriation for public schools, aiiS if the
amount necessary to conduct a six months school term has been decreased
thereby, thus making it impossible to provide the funds for a six months
term in every district in said county in accordance with law and the Con-stitution,
the county commissioners shall borrow the amount necessary to
meet the deficit caused thereby.
The State Treasurer may bring action against the county board of educa-tion
of such county, or against any person in whose possession may be any
part of the school funds of the county, or against the tax collector of such
county; and if the amount of school fund then on hand be insufficient, to
pay In full the sum so due, then the State Treasurer shall be entitled to an
order directing the tax collector of such county to pay over to the State
Treasurer all moneys collected for school purposes until such Tebt and in-terest
shall have been paid: Provided, this lien shall not lie against taxes
collected to pay interest and principal on bonds issued by the authorities
of any county or any district.
Sec. 4. That the State Board of Education shall approve all applications
for loans and the amount to be loaned to each county. When said board has
received and approved applications for loans in an amount of not less than
five hundred thousand dollars ($500,000), the State Board of Education shall
direct the State Treasurer to sell, and he shall sell, in accordance with the
provisions of this article. North Carolina bonds to provide funds for making
the loans in accordance with the applications approved: Pi'ovided, that when-ever
applications are received and approved, in accordance with the provisions
of this article, if the State Board of Education shall deem it unwise to sell
bonds at that time, the State Treasurer, by and with the consent of the
17
Governor and the Council of the State, is hereby authorized to borrow money
at the lowest rate of interest obtainable, in anticipation of the sale of the
bonds herein authorized, and for the purposes for which said bonds are
authorized. The State Treasurer shall execute and issue notes of tTie State
for the money so borrowed, and he is hereby authorized to renew any such
notes from time to time by issuing new notes. The rate of interest, thedate
of payment of said notes or renewals, and all matters and details in connec-tion
with the issuance and sale thereof shall be fixed and determined by
the Governor and Council of State. Such notes when issued sliall be en-titled
to all privileges, immunities and exemptions that the bonds authorized
to be issued are entitled to. The full faith, credit and taxing power of the
State are hereby pledged for the payment of such notes as may be issued,
and interest thereon. The proceeds received from said notes shall be used
for making loans to county boards of education in accordance with this
article. The notes issued in anticipation of the sale of bonds shall be paid
with the funds derived from the sale of said bonds whenever said bonds
are sold.
Sec. 5. That the bonds authorized and directed to be issued by the pre-ceding
sections shall be coupon bonds of the denomination of five hundred
dollars ($500) and one thousand dollars ($1,000) each, as may be determined
by said State Treasurer, and shall be signed by the Governor of the State
and State Treasurer and sealed with the Great Seal of the State. The
coupons thereon may be signed by the State Treasurer alone, or may have
a facsimile of his signature printed, engraved, or lithographed thereon, and
the said bonds shall in all other respects be in such form as the State
Treasurer may direct; and the coupons thereon shall, after maturity, be re-ceivable
in payment of all taxes, debts, dues, licenses, fines and demands due
the State of North Carolina, of any kind whatsoever, which shall be ex-pressed
on the face of said bonds. Before selling any of the series of bonds
herein authorized to be issued, the State Treasurer shall advertise the sale
and invite sealed bids in such manner as in his judgment may seem to be
most effectual to secure the par of said bonds at the lowest rate of interest.
He is authorized to sell the bonds herein authorized in such manner as in
his judgment will produce the par value of said bonds at the lowest rate of
interest, and where the conditions are equal he shall give the preference of
purchase to the citizens of North Carolina.
One-twentieth of the total bonds issued under date of January first, one
thousand nine hundred and twenty-eight, shall be due and payable on the
first day of January, one thousand nine hundred and thirty-three, and an-other
one-twentieth of the amount of said bonds shall be due and payable
on January first of each year thereafter until the whole series shall be paid,
and any bonds issued under this act on any subsequent January first shall be
due and payable as follows: One-twentieth of the total amount of said
bonds shall be due and payable on the first day of January five years after the
date of issuance of said bonds, and one-twentieth on each subsequent January
first of each year thereafter until the whole series authorized by this act
shall be paid in full.
Sec. 6. The said bonds and coupons shall be exempt from all State, county
or municipal taxation or assessment, direct or indirect, general or special,
Whether imposed for the purpose of general revenue or otherwise, and the
18
interest paid thereon shall not be subject to taxation as for income, nor shall
said bonds and coupons be subject to taxation when constituting a part of
the surplus of any bank, trust company, or other corporation, and it shall
be lawful for all executors, administrators, guardians, or other fiduciaries
generally to invest in said bonds.
Sec. 7. The county board of education, from any amount borrowed under
the provisions of this act, may make loans to special charter, local tax or
special school taxing districts, and the amount so loaned to any such district
shall be payable in twenty annual installments, with interest thereon at the
rate the county is required to pay, payable annually in advance. Any amount
loaned under the provisions of this act shall be a lien upon the total local
tax funds produced in the district. Whenever the local taxes at any time
may not be sufllcient to pay the installments with the interest, the county
board of education must supply the remainder out of the operating and
equipment fund, and shall make provisions for the same when tHe county
budget is made and presented to the commissioners in May: Provided, noth-ing
in this section shall prevent the county board of education from assum-ing
the entire expense of erecting said building or buildings in any district
of the county.
All loans made to such districts, under the provisions of this act, shall be
made upon the written petition of a majority of the committee, or board of
trustees, of the said district asking for the loan and authorizing the county
board of education to deduct a sufficient amount from the local taxes or
other funds belonging to said district, other than the teachers' salary fun'd,
to meet the indebtedness to the county board of education. Otherwise, the
county board of education shall have no lien upon the local taxes for tTie re-payment
of this loan: Provided, this lien shall not lie against taxes col-lected
or hereafter levied to pay interest and principal on bonds issued by
the authority of any district.
Sec. 8. Upon the completion of project for which the loan was made, the
county board of education, upon blanks prepared for this purpose, shall file
with the the State Board of Education an itemized sworn statement of all
expenditures on said project, including the loan from the State and all other
funds invesed in such building. Members of the county board of education
and the county superintendent refusing or failing to make such report or
authorizing the expenditure of said loan otherwise than upon the specific
project, set forth in the approved application, or otherwise than as set out
in the plans and specifications, approved by the State Board of Education,
except upon the written approval of the State Board of Education, shall be
severally guilty of a misdemeanor, punishable by a fine or imprisonment, or
both, in the discretion of the court.
Sec. 9. All laws and clauses of laws in conflict with this act are hereby
repealed.
Sec. 10. This act shall be in full force and effect from and after the date
of its ratification.
Ratified this 9th day of March, 1927.
1927, c. —
.
19
AN ACT TO RATIFY ANI) VALIDATE ENLARGEMENTS OF SPECIAL
CHARTER SCHOOL DISTRICTS AND THE VOTING OF BONDS
THEREIN UNDER CERTAIN CIRCUMSTANCES.
Whereas, doubts have arisen as to the legality of the enlargement of special
charter school districts because of the alleged non-compliance in many cases
with requirements of law respecting the adoption of a county-wide plan of
school organization and the assumption or non-assumption of indebtedness
and other conditions; and
Whereas, doubts have for like reasons arisen as to the legality of bond
elections held in such enlarged school districts and as to the validity of
bonds voted at such elections; and
Whereas, it is deemed advisable and for the interest of the public schools
that such enlargements and the voting of such bonds be ratified and validated
in all cases in which certain conditions have been or shall within a reason-able
time be fulfilled; now, therefore
The General Assembly of Isfortli Carolina do enact:
Section 1. In all cases in which an enlargement or attempted enlarge-ment
of a special charter school district has been made since January one,
one thousand nine hundred twenty-three so as to make such district coterm-inous
with a city which had formerly been coterminous with such district but
which had been enlarged b3 annexation of territory without a corresponding
annexation of territory to the district, such enlargement of such district is
hereby validated and ratified as of the date upon which such enlarged dis-trict
began to function as such, provided such enlargement was in accordance
with a county-wide plan of organization of schools adopted under the provi-sions
of section 73a of chapter 136, Public Laws of one thousand nine hundred
twenty-three, or in which, although not in accordance with such county-wide
plan a county-wide plan was thereafter adopted or shall be adopted before
the first day of January one thousand nine hundred twenty-eight with which
plan such enlargement shall be in accord: Provided, hotoever, that a majority
01 the qualified voters of such enlarged district have heretofore voted or shall
vote before the first day of January one thousand nine hundred twenty-eight
for the levy of a tax to supplement the constitutional six months' school
term and to assume all indebtedness incurred by school districts which in
whole or in part are within said enlarged district. It shall not be necessary
tiiat the vote for such maintenance tax shall have been or shall be taken at
the same election, if a majority of the voters in each school district and a
majority of the voters in that part of each school district within the territory
added to such special charter district have voted or shall vote in favor of a
maintenance tax at the same rate as the maintenance tax theretofore voted
within such special charter school district.
Sec. 2. All elections held throughout any such enlarged special charter
school district at which a majority of the voters therein voted for the fssu-ance
of bonds are hereby validated and ratified.
Sec. 3. All new registrations of voters for the purpose of any of the elec-tions
heretofore held and referred to above which were made in substantial
20
conformity with provisions of article 17, chapter 136, Public Laws of one
thousand nine hundred twenty-three, are hereby validated and ratified
Sec. 4. This act shall be in force from and after its ratification.
Ratified this 7th day of March, 1927.
1927, c. —
.
AN ACT TO PKOVIDE FOE THE CREATION OF SCHOOL DISTRICTS.
The General Assembly of North Carolina do enact:
Section 1. It shall be lawful to create school districts, whether the same
be enlargements of existing school districts or not, in the manner provided
by this act.
Sec. 2. Such school districts, herein sometimes termed new districts, may
comprise any part or all of one or more existing school districts including
special charter school districts, which comprised districts and comprised
parts of districts are herein sometimes termed component districts or com-ponent
parts of districts: Provided, however, that no new district shall be
created under this act, nor shall any division of an existing school district
be made hereunder, except in accordance with a county-wide plan of organi-zation
of schools adopted under the provisions of the general law; and pro-vided
further that the total number of school districts in the county shall
not be increased thereby; and i^rovided, further, that no special charter dis-trict
or part thereof shall be included in any new school district created
under this act unless the governing body thereof, such governing Fody being
in this act termed the Board of Trustees, shall consent thereto by resolution
passed and recorded.
Sec. 3. The creation of any such new district may be ordered by the
County Board of Education in accordance with such county-wide plan, but
no such new district shall be deemed created or in existence unless and until
a uniform tax rate and the assumption of existing debt shall be voted as
hereinafter required.
Sec. 4. Upon certification to the Board of County Commissioners, or it
case the territory in which the vote is to be taken lies entirely within a city
or town upon certification to the governing body of such city or town, such
board or body shall call and hold an election for voting a local tax to supple-ment
the funds provided for the maintenance of the minimum school terra
under the constitution, at which election there shall be submitted to the
voters of the entire new district the question of whether a maximum rate of
tax, which shall not exceed fifty cents (50c) on the one hundred dollars of
assessed valuation, shall annually be levied upon the entire district; Pro-vided,
hoioever, that in lieu of submitting such question to the voters 61 the
entire new district at one election, there may be submitted to the voters of
any component district or districts or component part or parts of a district
separately or in combination the question of whether there shall be levied
annually upon such district, districts, part or parts a maximum rate of tax
at the same rate, not exceeding fifty cents (50c) on the one hundred dollars
of assessed valuation, which was theretofore voted by any other component
district or districts component part or parts of the new district.
21
Sec. 5. At the same or at another election, the said hoard or body shall
submit to the voters of the entire new district the question of whether the
new district shall assume (a) the outstanding debt of every component
school district and (b) the outstanding debt of every school district any part
of which shall be a component part of the new district, or, if any such debt
was not incurred for permanent school improvements within the new "district,
such portion of such debt as the assessed valuation of taxable property in
such component part bears to the assessed valuation of taxable property in
the indebted district and (c) the outstanding city, town and township debt
incurred for permanent school improvements within the new district. The
foregoing requirements for debt assumption shall not apply to any debt
which a county has assumed or for the payment of which the General Assem-bly
shall have made other provisions.
Sec. 6. A new registration of qualified voters may be ordered for the elec-tions
herein provided and such registrations and elections shall be conducted
in accordance with the provisions of the general law for the voting of local
school taxes, except as herein otherwise provided, and the Australian Ballot
Act of one thousand nine hundred and twenty-seven shall not apply thereto.
Sec. 7. The officers appointed to hold the elections in making returns of
the result thereof shall incorporate therein not only the number of votes cast
for and against the question submitted, but also the number of voters regis-tered.
The board or body holding the election shall canvass the returns and
shall include in their canvass the votes cast for and against the question sub-mitted
and the number of voters registered, and shall determine and declare
the result of the election.
Sec. 8. Such board or body shall prepare a statement showing the number
of votes cast for and against each question submitted and the number of
voters registered and declaring the result of the election, which statement
shall be signed by a majority of the members of such board or body and de-livered
to the clerk thereof who shall record it in the minutes of the board or
body and file the original at his office and publish it once in a newspaper
published in the State and circulating within the new district, whichnnews-paper
shall be one published in the new district if one be there published,
but otherwise shall be one published in the county if one be published in
the county.
Sec. 9. No right of action or defense founded upon the invalidity of the
election shall be asserted, nor shall the validity of the election be opened
to question in any court upon any grounds whatever, except in an action or
proceedings commenced within thirty days after publication of such state-ment.
Sec. 10. If at such election or elections a maximum maintenance tax of
the same rate shall have received the votes of a majority of the qualified
electors in the entire new district, and if the assumption of all the indebted-ness
as herein required shall have received the .votes of a majority of the
qualified voters of the entire new district, the County Board of Education
shall pass and record upon its minutes a resolution declaring that the new
district shall come into existence upon a day to be named in such resolution
not later than the first day of the next July.
Sec. 11. If the new district shall embrace the whole of any special charter
district or if, embracing the whole of two or more special charter "districts,
22
the boards of trustees of such special charter districts shall by recorded
resolutions passed not later than the day upon which the new district shall
come into existence as hereinabove provided, agree upon one of such special
charter districts as the district which shall be deemed enlarged, the new
district shall be deemed an enlargement of such special charter district and.
shall be conducted and governed in accordance with the charter thereof
and other laws applicable thereto. In all other cases the new district shall
be a local tax district.
Sec. 12. When the new district shall come into existence as hereinabove
provided, all school property real and personal within the same, except
property maintained by the county for other than district purposes the debt
for which property has not been assumed by the new district, shall automat-ically
pass in the case of a new special charter district to the board of trus-tees
thereof, and in the case of a local tax district, to the County Boarfl of
Education for the use of the district, but it shall nevertheless be the duty of
all boards and bodies holding any such property to convey the same formally
by deed and other proper conveyance and every such deed shall be promptly
recorded.
Sec. 13. In all cases in which a new school district has been attempted
to be created since January first, one thousand nine hundred twenty-three,
embracing a part or all of one or more existing school districts, such creation
is hereby validated and ratified as of the date upon which such new district
began to function as such, provided such creation was in accordance with
the county-wide plan of organization of schools adopted under Ihe provisions
of section seventy-three a, chapter one hundred thirty-six. Public Laws of
one thousand nine hundred twenty-three, or in which although not in ac-cordance
with such county-wide plan, such county-wide plan was thereafter
adopted or shall be adopted before the first day of July, one thousand nine
hundred twenty-seven, with which plan such creation shall be in accord;
Provided, however, that a majority of the qualified voters of such new dis-trict
shall have heretofore voted or shall vote before the first day of January
one thousand nine hundred twenty-eight, for such levy of maintenance tax
and such assumption of debt as are herein required to be voted for the crea-tion
of the new district; and in all such cases all new registrations of voters
which were made for the purpose of any such elections made in substantial
conformity with the provisions of article 17, chapter 136, Public Laws of
one thousand nine hundred twenty-three, are hereby validated and ratified,
and all elections held throughout any such new district at which a majority
of the voters therein have voted for the issuance of bonds are hereby vali-dated
and ratified.
Sec. 14. This act shall be in force from and after its ratification.
Ratified this 7th day of March, 1927.
1927, c. —
.
AN ACT ESTABLISHING "THE OLD NORTH STATE" AS THE STATE'S
OFFICIAL SONG FOE NORTH CAROLINA.
Whereas, the last State convention of the North Carolina Daughters of the
Confederacy appointed a committee to investigate the advisability of adopt-ing
"The Old North State" as the State's oflScial song; and,
23
Whereas, the said committee of the North Carolina Division of the United
Daughters of the Confederacy has requested the General Assembly of the
State of North Carolina, by appropriate legislation, to adopt said song writ-ten
by Hon. William Gaston as the State's official song; now, therefore.
The General Assem'bly of North Carolina do enact:
Section 1. That the song known as "The Old North State", as herein-after
written, be and the same is hereby adopted and declared to be the
official song of the State of North Carolina, said song being in words as
follows
:
Carolina! Carolina! Heaven's blessings attend her!
While we live we will cherish, protect and defend her;
Though the scorner may sneer at and witlings defame her.
Our hearts swell with gladness whenever we name her.
Hurrah! Hurrah! The Old North State forever!
Hurrah! Hurrah! the good Old North State!
"Though she envies not others their merited glory,
Say, whose name stands the foremost in Liberty's story?
Though too true to herself e'er to crouch to oppression,
Who can yield to just rule more loyal submission?
"Plain and artless her sons, but whose doors open fastei
At the knock of a stru,nger, or the tale of disaster?
How like to the rudeness of their dear native mountains,
With rich ore in their bosoms and life in their fountains.
"And her daughters, the Queen of the Forest resembling
—
So graceful, so constant, yet to gentlest breath trembling;
And true lightwood at heart, let the match be applied them,
How they kindle and flame! Oh! none know but who've tried them.
"Then let all who love us, love the land that we live in
(As happy a region as on this side of Heaven),
Where Plenty and Freedom, Love and Peace smile before us.
Raise aloud, raise together, the heart-thrilling chorus!"
Sec. 2. That all laws and clauses of laws in conflict with the provisions
of this act are hereby repealed.
Sec. 3. That this act shall be in force and effect from and after its rati-fication.
Ratified this 18th day of February, 1927.
' 1927, c. —
.
AN ACT TO PROYIDE FOE GIVING PUBLICITY TO HIGHWAY TRAFFIC
LAWS THROUGH THE PUBLIC SCHOOLS.
The General Assembly of North Carolina do enact:
Section 1. That the State Highway Commission shall cause to he pre-pared
a digest of the traffic laws of the State suitable for use in the public
schools of the State and have the same published in pamphlet form and
24
delivered on or before the first day of August, one thousand nine hundred
and twenty-seven, to the State Superintendent of Public Instruction, a suffi-cient
number of said pamphlets to supply at least one copy each to all the
public high school teachers of the State.
Sec. 2. That the State Superintendent of Public Instruction shall cause
to be delivered to the superintendents or principals of the various high
schools of the State sufficient number of said pamphlets to supply one to
each of the teachers engaged for said schools.
Sec. 3. That the superintendents or principals, or other persons in charge
of the public high schools of the State shall cause the contents of said
pamphlets to be brought to the attention of all the children in attendance
upon the said high schools in the form of lessons of at least one each week
until the entire contents of said pamphlets have been read and explained.
Sec. 4. That this practice shall be continued during each school year and
the State Highway Commission is directed annually on or before the first
Monday of August, to supply, as hereinbefore provided, such additional copies
of the said pamphlet, having the same revised from time to time to meet
any amendments of the traffic laws of the State, as the State Superintendent
of Public Instruction may ascertain and report to the State Highway Com-mission
to he necessary.
Sec. 5. That this act shall be in force from and after its ratification.
Ratified this the 9th day of March, 1927.
1927, c. —
.
AN ACT TO PROVIDE FOR FIRE DRILLS IIV THE PUBLIC SCHOOLS IN
NORTH CAROLINA.
The General Assembly of No7~th Carolina do enact:
Section 1. Amend section five thousand five hundred and forty-two of the
Consolidated Statutes by adding after the word "Provide" in line two of said
section the following: "A pamphlet containing printed instructions for prop-erly
conducting fire drills in schools, and the superintendent or principal of
every public school in this State shall conduct at least one fire drill every
month during the regular school session, such fire drills to include all chil-dren
and teachers and the use of all ways of egress, and the Insurance Com-missioner
and Superintendent of Public Instruction shall further provide":
Provided, this amendment shall not apply to schools taught in one-story
houses.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 6th day of March, 1925.
1925, c. 130.
25
AlV ACT TO PROTECT SCHOOL CHILDREIV RIDIJfG IN PUBLIC SCHOOL
BUSSES UPOJf THE PUBLIC ROADS AlfD HIGHWAYS OF THE
STATE.
The General Assemlyly of North Carolina do enact:
Section 1. That no person operating any motor vehicle on the public
roads shall pass, or attempt to pass, any public school bus while the same is
standing on the said public roads taking on or putting off school children,
without first bringing said motor vehicle to a full stop at a distance not less
than fifty feet from the said school bus.
Sec. 2. That any person violating the provisions of this act shall be guilty
of a misdemeanor, and upon conviction shall be fined not to exceed fifty dol-lars,
or imprisoned not to exceed thirty days.
Seo. 3. That all laws and clauses of laws in confiict with the act are
hereby repealed.
Sec. 4. That this act shall be in force and effect from and after its ratifi-cation.
Ratified this the 10th day of March, 1925.
.1925, c. 265.
AlV ACT TO REGULATE THE SPEED OF BUSSES CARRYING SCHOOL
CHILDREN.
The General Assembly of North Carolina do enact:
Section 1. That any person operating a bus carrying school children to
or from the schools of this State who shall travel at a greater rate of speed
than twenty-five miles per hour. along any public street or public highway
in the State of North Carolina shall be guilty of a misdemeanor, and shall
be punished by a fine not in excess of the sum of fifty dollars.
Sec. 2. That this act shall be in force from and after its ratification.
Ratified this the 10th day of March, 1925.
1925, c. 297.
AN ACT TO PROVIDE FOR RECORDING IN THE OFFICE OF THE STATE
AUDITOR STATEMENTS CONCERNING BONDS AND NOTES OF
COUNTIES, TOWNSHIPS, SCHOOL DISTRICTS, MUNICIPAL CORFO-RATIONS,
AND TAXING DISTRICTS, AND MAKING EFFECTUAL
THE MEANS OF PAYMENT PROVIDED FOR SAID SECURITIES AND
TO PROVIDE FOR SUPERVISION OF SUCH MEANS BY THE STATE
AUDITOR, AND MAKING NONCOMPLIANCE WITH CERTAIN PARTS
OF THIS ACT A MISDEMEANOR AND VIOLATION OF CERTAIN
PARTS THEREOF A FELONY AND PROVIDING PENALTIES AND
REPEALING CHAPTER 100, PUBLIC LAWS OF 1925.
Whereas, the default in payment for a single day of the interest or prin-cipal
of bonds or notes issued by any county, township, school district, munic-ipal
corporation, or taxing district results not only in discredit \o the obliger
but is often interpreted by bondholders and investors as a reflection upon the
26
credit of the State itself and all of its municipalities and political sub-divisions;
and
Whereas, in order to remedy such conditions it is imperative to provicle
State supervision of the means and methods for payment of such principal
and interest promptly as the same fall due; now, therefore.
The General Assembly of North Carolina do enact:
Section 1. This act shall be known and may be cited as "The Public
Securities Recording Act."
Sec. 2. On or before July first, one thousand nine hundred and twenty-seven,
it shall be the duty of the clerk or secretary or other recording officer
of each board in the State of North Carolina which shall theretofore
have authorized the issuance of county, township, school district, taxing dis-trict
or municipal bonds or notes, except as otherwise provided in section
three of this act, to file with the State Auditor a statement giving the name
and amount of such bonds or notes then outstanding, regardless of what may
have been the time fixed for the payment thereof, and giving also their date,
the time fixed for payment of principal and interest, the rate of interest, the
place or places at which the principal and interest are payable, the denomi-nation
and the purpose of issuance. The statement shall also contain the
name of the board in which is vested the authority and power to levy the
taxes for the payment of the principal and interest of said bonds or notes,
and a reference to the law under which said bonds or notes are issued. The
State Auditor shall record the substance of such statements in a book or books
to be provided for that purpose.
Sec. 3. In all cases in which such statements have heretofore been filed
with the State Auditor, no further statements as to the same bonds or notes
shall be required to be filed under this act; and in order to acquaint the offi-cers
required to file such statements with the facts as to previous filing,
it shall be the duty of the State Auditor, not later than May first, nineteen
hundred and twenty-seven, to cause to be printed a list or lists giving such
description as he may deem necessary and sufficient of all bonds and notes
which have been covered by statements filed prior to his printing of such
lists, and to mail such printed list or lists, or such part thereof as the State
Auditor may deem necessary and sufficient, to each officer required to file
statements under section two of this act, together with a copy of tETs act
and a statement of the duty of such officer under secion two of this act.
Sec. 4. It shall be the duty of the recording officer of every governing
body or board which shall hereafter authorize any bonds or notes of a county,
township, school district, municipality or taxing district, regardless of what
may be the time fixed for the payment thereof, to file with the State Auditor
a statement giving the name and amount of the bonds or notes so authorized,
their date, the time fixed for payment of principal and interest, the rate of
interest, the place or places at which the principal and interest will be pay-able,
the denomination, and the purpose of issuance, the said statement shall
also contain the name of the board in which is vested the authority and
power to levy the taxes for the payment of the principal and interest of such
bonds or notes, and a reference to the law under which such bonds or notes
are to be issued, and shall recite that all proceedings of the governing body
or board in authorizing such bonds or notes have been prior to such state-
27
ment and then are correctly recorded in a bound book containing minutes
and proceedings of sucli body or board. Such statement of bonds or notes
maturing one year or less than one year after the date of such bonds or
notes, shall be filed not later than thirty days after the delivery thereof for
value, but if such bonds or notes have a maturity of more than one year
from their date or have no fixed maturity, such statement shall be filed
before any of such bonds or notes are delivered for value, and no such bonds
or notes maturing after one year from their date or having no fixed maturity
shall be valid until such statement shall have been filed. The State Auditor
shall record the substance of such statements in a book or books to be pro-vided
for that purpose, and upon request of such recording ofiicer shall issue
certificate to the effect that the statement required by this act has been filed,
and such certificate shall be conclusive evidence of the fact of filing in any
action or dispute in relation to the validity of such bonds or notes. It shall
be the further duty of such recording officer to make and keep in a perma-nent
record book a complete record of all such bonds and notes as and when
the same are issued, such record to contain at least the information herein
required to be furnished by such recording officer to the State Auditor, whose
duty it shall be to furnish to every such recording officer information and
forms for such record, but it shall not be obligatory upon any such recording
officer to use the forms so furnished if other forms to be used by which the
provisions of this section may be complied with.
Sec. 5. It shall be the duty of the State Auditor to prepare and furnish
to all counties, townships, school districts, taxing districts and municipal
corporations throughout the State blank forms upon which such statements
may be made, and to keep the statements made pursuant to this law in proper
file properly indexed.
Sec 6. It shall be the further duty of the State Auditor to mail to the
recording officer of each board having the power to levy taxes for the pay-ment
of the principal or interest of the obligation as to which statements have
been so filed, at least thirty days before the time for the levy of taxes in each
year, a statement of the amount to be provided by taxation or otherwise
for the payment of the interest accruing upon such bonds or notes within
the following year and for the payment of the bonds then maturing.
Sec. 7. It shall be the further duty of the State Auditor to mail to the
treasurer or other disbursing officer of every county, township, school dis-trict,
municipality and taxing district as to which statements have b"een so
filed, at least thirty days before each date upon which any installment of
principal or interest of bonds or notes described in any such statement be-comes
payable, a statement of the amount of such payment to be made and
the place of payment and a reference to the obligation upon which such pay-ment
is required.
Sec. 8. If any board whose duty it shall be to provide for the payment
by taxation, or otherwise, of the principal or interest of any such bonds or
notes mentioned in sections two and four of this act shall fail or refuse to
make provision for such payment by the levy of such taxes as are authorized
to be levied therefor, or otherwise, at or before the time provided for such
tax levy, or to make other legal provision for payment, any member thereof
who shall be present at the time for such levy or provision who shall not
have voted in favor thereof, or who shall not have caused his request that
28
such tax levy or provision be made to be recorded in the minutes of the
meeting, shall be guilty of a misdemeanor and shall be fined not more than
one thousand ($1,000) dollars or imprisoned not longer than one (1) year,
or both, in the discretion of the court.
Sec. 9. If any officer whose duty it shall be to pay any of such principal
or interest or to remit for such payment to the promised place for the pay-ment
thereof shall have funds for such payment at his disposal but shall
fail or refuse so to do in sufl[icient time and in sufficient amount for such
payment, whether or not such payment or remission for payment shall have
been ordered or forbidden by any board or officer, the officer so failing or
refusing shall be guilty of a misdemeanor and shall be fined not more than
five hundred ($500) dollars or imprisoned not longer than six (6) months,
or both, in the discretion of the court.
Sec. 10. Any member of any board who shall knowingly vote for any ap-propriation
of money raised by taxation or otherwise for the payment of the
interest and principal or sinking fund of any such bonds or notes to any
other purpose until all of such principal and interest shall have been paid,
and any disbursing officer who shall knowingly pay out any of such" money
for any other purpose than the payment of such principal and interest until
all of such interest and principal shall have been paid, whether or not Sue's
payment shall have been ordered or forbidden by any board or officer shall be
guilty of a felony and be fined not more than five thousand ($5,000) dollars
or imprisoned not more than five (5) years, or both, in the discretion of the
court.
Sec. 11. If any officer whose duty it shall be to file any statement required
by section two of this act shall fail or refuse to file such statement by July
the first, nineteen hundred and twenty-seven, or if any officer whose duty it
shall be to file any statement required by section four of this act or to make
and keep any record required by this act shall fail or refuse to file such state-ment
or to make and keep such record within the time prescribed therefor
by this act, the officer so failing or refusing shall be guilty of a misdemeanor
and shall be fined not more than five hundred ($500) dollars or imprisoned
not longer than six (6) months, or both, in the discretion of the court.
Sec. 12. If any officer of whom duties are required by this act, shall
knowingly make or certify any false statement in any certificate or state-nient
required by this act, he shall be guilty of a misdemeanor and shall be
fined not more than one thousand ($1,000) dollars or imprisoned not longer
than one (1) year, or both, in the discretion of the court.
Sec. 13. If the State Auditor or any officer or any member of a board upon
whom duties are imposed by this act, shall violate the same or any part
thereof, or shall fail to comply with the same or any part thereof, such State
Auditor, officer or member, in addition to the pains and penalties herein
above provided as to such officer or member, shall forfeit and pay to the
State of North Carolina for the benefit of the School Fund of the State the
amount of two hundred ($200) dollars for each such violation or failure,
to be recoverable by suit. If the State Auditor shall have knowledge of any
such violation or failure on the part of any such officer or member, or if the
same shall be brought to his attention, it shall be the duty of the State
Auditor to bring the same to the attention of the solicitor of the proper dis-
29
trict. It shall be the duty of such solicitors to prosecute the State Auditor
or any such officer or member within his district. If any solicitor shall fail
so to prosecute, the Attorney General shall prosecute.
Sec. 14. The statements which the State Auditor is herein required to
mail under sections five and six and seven of this act shall be accompanied
by statements of the provisions of this act as to penalties and forfeitures and
misdemeanors and felonies.
Sec. 15. All laws or parts of laws in conflict herewith are hereby repealed,
and especially chapter 100, Public Laws of 1925, but such repeal shall not
have the effect of reviving chapter 1, Public Laws of 1921, Extra Session,
or chapter 123, Public Laws of 1923.
Sec. 16. This act shall be in force from and after its ratification.
Ratified this 9th day of March, 1927.
1927, c. —
.
AlV ACT TO PBOVIDE FOR REGISTRATIOJf IJf THE NAME OF THE
OWNER OF BONDS OF COUNTIES, CITIES, TOWNS, SCHOOL DIS-TRICTS,
AND SCHOOL TAXING DISTRICTS.
The General Assembly of North Carolina do enact:
Section 1. That this act shall be known as "The Municipal Bond Regis-tration
Act."
Sec. 2. That each county, city, town, school district and school taxing dis-trict
which has issued or shall hereafter issue bonds in its own name, and
each county, city, and town which has issued or shall hereafter issue bonds
in behalf of a school district or school taxing district, is hereby authorized
to keep in the office of its treasurer or financial agent or its clerk, or in the
office of the bank or "trust company appointed by its governing body as bond
registrar, a register or registers for the registration as to principal of
such bonds in the name of the owner thereof, in which it may register any
such bond as to principal at the time of its issue, or at the request of the
holder thereafter. Such registration shall not affect the payment of interest,
but such interest shall continue to be made upon the presentation and sur-render
of interest coupons if issued, but after such registration as to prin-cipal,
the principal shall be payable to the person in whose name registered
or to the person in whose name the bonds registered may^ be transferred
on such register by the registered owner in person or by attorney, upon pres-entation
to the bond registrar, accompanied by delivery of a written
instrument of transfer in a form approved by the bond registrar, executed by
the registered owner : Provided, however, that a registered bond may be
discharged from registry by a transfer to bearer registered as herein pro-vided.
Upon the registration or transfer of a bond as aforesaid, the bond
registrar shall note such registration or transfer on the back of the bond.
Sec. 3. That the powers herein granted are not in substitution of existing
powers but in addition thereto.
Sec. 4. That this act shall be in force and effect from and after its rati-fication.
Ratified this the 6th day of March, 1925.
1925, c. 129.
30
AN ACT TO AUTHORIZE DISBURSING OFFICERS OF COUNTIES, CITIES,
TOWNS, TOWNSHIPS, SCHOOL DISTRICTS, AND SCHOOL TAXING
DISTRICTS TO PAT AND TO CONTRACT TO PAY FISCAL AGEN€Y
FEES FOR THE PAYMENT OF BONDS AND COUPONS.
The General Assembly of North Carolina do enact:
Section 1. That this act shall be known as "The Municipal Fiscal Agency
Act."
Sec. 2. That whenever any county, city, town, township, school district or
school taxing district is or shall be authorized or permitted to make pay-ments
of bonds or coupons issued by it or in its behalf at any place other
than within such county, city, town, township, school district or school
taxing district, and such bonds or coupons are by their terms payable at
such other place, it shall be lawful for the oflBcer disbursing the funds for
such payment to pay the reasonable fees of the bank, trust company or
other agency making payment at such place, and to agree to pay such fees
at a fixed rate throughout the term of the bonds as to which such payment
is to be made at such place, but no fee in excess of one-fourth of one per
cent of the amount of interest paid and one-eighth of one per cent of the
amount of principal paid shall be deemed reasonable.
Sec. 3. That this act shall be in force and effect from and after its
ratification.
Ratified this the 9th day of March, 1925.
1925, c. 195.
AN ACT TO PROVIDE FOR THE ADMINISTRATION OF THE FISCAL
AFFAIRS OF COUNTIES.
The General Assembly of North Carolina do enact:
Section 1. This act shall be known and may be cited as "The County
Fiscal Control Act."
Sec. 2. In this act, unless the context otherwise requires, certain words
and expressions have the following meanings:
(a) "Subdivision" means a township, school district, school taxing dis-trict,
or other political corporation or subdivision within a county, including
drainage and other districts, the taxes for which (taxes as here and else-where
used in this act include special assessments) are under the law levied
by the board of county commissioners of the county.
(b) "Debt Service" means the payment of principal and interest of bonds
and notes as such principal or interest falls due, and the payments of
moneys required to be paid into sinking funds.
(c) "Constitutional School Maintenance" means the maintenance of
schools for the six months term required by the State Constitution.
(d) "Department" means any division of county functions or activities.
(e) "Department Head" means the principal officer of any office, board,
commission, institution, or branch of the county government in charge of
a department.
31
(f) The "Fiscal Year" is the annual period for the compilation of fiscal
operations, and begins on the first day of July and ends on the thirtieth
day of June.
(g) "Surplus Revenues" means revenues in excess of the estimated reve-nues
against which an appropriation is made, and arises when actual
revenues exceed estimated revenues at the end of a fiscal year.
(h) "Unencumbered Balance" means the balance of an appropriation after
charging thereto all obligations for goods and services' and all contracts or
agreements payable from the appropriation, and all payments made from
the appropriation except payments of such obligations, contracts, or agree-ments
already charged against the appropriation.
(i) "Fund" means the separate fund or account provided for a distinct
function of government, as such functions are shown in (j) below.
(j) The funds required by this act are funds for each of the following
functions of government:
(1) Current operating expense of the county.
(2) Constitutional school maintenance.
(3) County-wide school expenses over and above constitutional school
maintenance.
(4) County debt service.
(5) County roads.
(6) Each special purpose to which the General Assembly has given its
special a:pproval, separately stated.
(7) Debt service of each subdivision, separately stated.
(8) Maintenance of each subdivision, separately stated.
(9) Permanent improvements in each subdivision, separately stated.
Sec. 3. It shall be the duty of the board of county commissioners in each
county in the State, on or before the first Monday in April, one thousand
nine hundred and twenty-seven, and biennially thereafter, to appoint some
person of honesty and ability, who is experienced in modern methods of
accounting, as county accountant, to hold such office at the will of the board,
or until the appointment of his successor; but in lieu of appointing a count:
accountant in counties in which there is an auditor, the board shall impose
and confer upon the county auditor all the powers and duties herein im-posed
and conferred upon county accountants, and in any county of the
State in which there is no auditor, the board may impose and confer such
powers and duties upon any county officer, except the sheriff or the tax
collector or thj county treasurer, or any person or bank acting as county
financial agent or performing the duties ordinarily performed by a county
treasurer or county financial agent. If such duties and powers are imposed
or conferred upon any officer of the county, the board may revise and adjust
the salary or compensation of such officer in order that adequate compensa-tion
may be paid to him for the duties of his office. Wherever in this act
reference is made to the county accountant, such reference shall be deemed
to include either the person appointed as county accountant or the officer
upon which the duties thereof are imposed.
Sec. 4. In addition to the duties imposed and powers conferred upon the
county accountant by this act, he shall have the following duties and powers
:
32
(a) He shall act as accountant for the county and subdivisions in settling
with all county oflBcers.
(b) He shall keep a record of the date, source, and amount of each item
of receipts, and the date, the payee or contractor, the specific purpose, and
the amount of every disbursement or contract made.
(c) He shall require every ofllcer and department receiving or disbursing
money of the county or its subdivisions to keep a record of the date, source,
and amount of each item of receipts, and the date, the payee or contractor,
the specific purpose, and the amount of every disbursement or contract made,
and shall require the officer or department to keep a copy of such contract.
(d) He shall examine once a month, and at such other times as the board
may direct, all books, accounts, receipts, vouchers, and other records of all
county officers and employees and departments of the county administration
receiving or expending public money, including the road commission, iT
there is such commission in the county, the county board of education and
other subdivisions.
(e) He shall require all officers and employees in the county whose duty
it is to collect fines, penalties, and other money to be applied to public pur-poses,
to file with him each month, or oftener if the board so directs, a
report showing amounts collected by such officers, including a report of all
fees collected for the performance of their duties, whether they are entitled
to such fees as the whole or a part of their compensation, or are not entitled
to the same.
(f) He shall once a year, or as often as he may be directed by the board
of county commissioners, file with the board a complete statement of the
financial condition of the county and subdivisions, showing the receipts
and expenditures of the different departments of the county and its sub-divisions,
including the department of public roads and the department of
public schools.
(g) He shall advise with the different officers and departments of the
county and with State officers as to the best and most convenient method of
keeping accounts, and he shall inform himself as to the best and simplest
methods of keeping accounts, so as to bring about as far as possible a simple,
accurate, and uniform system of keeping accounts of the county and sub-divisions.
He shall not allow any bill or claim unless the same be itemized
and verified as now required by law.
(h) He shall perform such other duties having relation to the purposes
of this act as may be imposed upon him by the board of county commis-sioners.
Sec. 5. It shall be the duty of all heads of departments and officers in
charge of the functions for which county money or money of subdivision is
to be expended to file with the county accountant, before the first day of
June of each year: (a) a complete statement of the amounts expended and
estimated to be expended for each object in his department in the current
fiscal year, and (&) beginning in the year one thousand nine hundred an3
twenty-eight, a statement of the amounts expended for each object in his
department in the fiscal year preceding the then current fiscal year, and
(c) an estimate of the requirements of his department for each object in the
ensuing fiscal year. Such statements and estimates shall list each object of
33
disbursement under the appropriate class of functions as defined in section
two of this act.
Sec. 6. Upon receipt of such statements and estimates, the county ac-countant
shall prepare: (a) his estimate of the amounts necessary to be
appropriated for the next ensuing fiscal year for the different objects of the
county and subdivisions, listing each object of disbursement under the
appropriate class of functions as defined in section two of this act, which
estimate shall include the full amount of any deficit in any fund, and may
include an emergency estimate for each fund not greater than 5 per cent
in excess' of other estimates for such fund, and (h) an itemized estimate of
the revenue to be available during the ensuing fiscal year, separating revenue
from taxation from revenue from other sources, classifying the same under
proper funds as defined in section two of this act, and (c) an estimate of
the amount of unencumbered and surplus revenues of the current fiscal year
in each fund. Such estimates and statements of the county accountant shall
be termed the "Budget Estimate," and shall be submitted to the board not
later than the first Monday of July of each year.
Se3C. 7. Immediately upon the submission of the budget estimate, and at
least twenty days before the adoption of the appropriation resolution, the
board shall: (a) file the budget estimate in the office of the clerk of the
board, where it shall remain for public inspection, and (b) furnish a copy
of the budget estimate to each newspaper published in the county, and
(c) cause to be published in at least one newspaper published in the county
a summary of the budget estimate, showing at least the total appropriation
recommended for each separate fund or function as defined in section two
of this act: Provided, hoivevei-, that if no newspaper be published in the
county, such summary shall be posted at the courthouse door and at least
three other public places in the county at least twenty days before the
passage of the appropriation resolution.
Sec. 8. It shall be the duty of the board of county commissioners, not
later than the fourth Monday in July in each year, to adopt and record on
its minutes an appropriation resolution, the form of which shall be pre-scribed
by the county accountant, which resolution shall make appropria-tions
for the several purposes of the county and subdivisions thereof, upon
the basis of the estimates and statements submitted by the county account-ant,
such sums as' the board may deem sufl[icient and proper, whether greater
or less than the recommendations of the budget estimates: Provided, how-ever,
that (a) no appropriation recommended by the county accountant for
debt service shall be reduced, and (&) the powers given by the general law
to the county board of education and county commissioners jointly, in respect
to the determination of the amount to be raised or expended for the main-tenance
of the six months school term, shall be observed by the county
accountant and by the board of county commissioners, and (c) the board
shall appropriate the full amount of all lawful deficits reported in the budget
estimate not funded as provided by law, and {d) no appropriation shall be
made in excess of the amount which may be raised under any constitutional
or statutory limits of taxation.
Sec. 9. A copy of the appropriation resolution shall be filed with the
county treasurer or other officer or agent performing the functions ordi-
34
narily assigned to the county treasurer, and another copy thereof shall be
filed with the county accountant, both copies as so filed to be kept on file
for their direction in the disbursement of county funds.
Sec. 10. As soon as practicable after the first Monday in July, and before
any levy of taxes is made, the county accountant shall submit to the board
a supplemental budget showing: (a) the amount of any increase or decrease
in each item of (1) deficits and (2) unencumbered balances and (3) surplus
revenues as reported by him in the budget estimate, and (6) the amount
of miscellaneous revenues collected in the preceding year from sources other
than taxation, this amount to be separately classified as to funds and func-tions,
and (c) an estimate of the amount of taxes for the current fiscal year
which will not be collected in the same year, such estimate to be an average
computed mathematically by adding together the amount of the taxes of
each of the three preceding fiscal years which remained unpaid at the end of
such fiscal years, respectively, including land sales to the county, and dividing
the sum thereof by three. Upon the submission of the figures showing
increase or decrease in deficits, the appropriation resolution shall be deemed
automatically amended by adding such increase to or subtracting such
decrease from the amount appropriated for the fund or function to which
such deficit pertains, and it shall be the duty of the clerk to record the
amount of increase or decrease on the margin of the recorded appropriation
resolution. The figures of the supplemental budget showing increases or
decreases in unencumbered balances and surplus revenues, and showing
the amount of miscellaneous revenues collected in the preceding fiscal year
from sources other than taxes, and showing the estimate of taxes uncol-lectible
in the current fiscal year, shall not affect the appropriation resolu-tions,
but shall be taken into consideration in the levy of taxes as herein-after
provided.
Sec. 11. Simultaneously with the submission of the supplemental budget,
the county accountant shall prepare and cause to be published in a news-paper
published in the county, or if no newspaper be published in the
county, then by posting at the courthouse door and at least three other
public places in the county, a statement of the financial condition of the
county, containing such figures and information as the county accountant
may consider it advisable to publish, which statement as so published or
posted shall contain the figures showing at least the following items:
(a) The assessed valuation for the current year, unless the same shall
not have been finally ascertained, in which case the assessed valuation of
the preceding year shall be given.
(b) An itemized statement of the debt of the county and its subdivisions.
(c) The amount and rate of the taxation levied for the preceding fiscal
year, whether collected or not.
(d) Amount of taxs, including land sales, for each of the three preceding
fiscal years which remained uncollected at the end of such years, respect-ively,
and the average thereof, and the amount of such uncollected taxes
which were collected by the close of the preceding- fiscal year.
(e) Miscellaneous revenue other than taxation for the preceding fiscal
year.
(f ) Deficits, if any, in all county funds in the aggregate for the preceding
fiscal year.
35
(g) Such deficits for each subdivision of the county.
(h) Surplus revenues of the county, and separately stated, of each of the
subdivisions of the county for the preceding year.
(i) Unencumbered balances of the county, and separately stated, of each
of the subdivisions of the county for the preceding year.
(j) The rate of taxation for county purposes and the rate for each sub-division
v^rhich he estimates it will be necessary to levy in the current fiscal
year, these rates to be computed as is provided in section tvirelve of this
act for computation of rates by the board of county commissioners.
Sec. 12. As soon as may be practicable after the passage of the appropria-tion
resolution and the automatic amendment thereof, vs^hich is hereinabove
provided, and after the ascertainment of the assessed valuation of property
for taxation, but not later than Wednesday after the third Monday in August
of each year, the board of county commissioners, by resolution to be recorded
in its' minutes, shall levy upon all the taxable property in the county, in
the case of county appropriations, and upon all the taxable property of each
subdivision in the case of appropriations for subdivisions, such rate of tax
as may be necessary to produce: (a) the sum appropriated, and (b) the
amount of the supplemental budget estimate of taxes which will not be
collectible in the current fiscal year, after taking into consideration the
figures contained in the budget estimate and supplemental budget showing
surplus revenues and unencumbered balances carried over from the pre-ceding
fiscal year and the estimated miscellaneous revenues from other
sources than taxation; but for the purpose of this computation the board
shall not estimate miscellaneous revenues at a figure greater than ten per
cent (10%) more than the actual receipts from miscellaneous revenues in
the preceding fiscal year, as reported by the county accountant in the sup-plemental
budget.
Sec. 13. No appropriation made by the appropriation resolution, except
an appropriation for general county expenses, shall be transferred from one
fund to another fund, and no appropriation for general county expenses shall
be transferred to any fund of any subdivision of the county, or vice versa.
No appropriation for general county expenses shall be transferred, except
upon the passage and recording of a resolution of the board of county com-missioners
ordering such transfer, and copies of such resolutions shall be
furnished to the county accountant and to the head of each department to
v/hich or from which such transfer shall be made.
Sec. 14. In the interval between the beginning of the fiscal year and the
adoption of the annual appropriation resolution the board may make appro-priations
for the purpose of paying fixed salaries, the principal and interest
of indebtedness, the stated compensation of officers and employees, and for
the usual ordinary expenses of the county and its subdivisions, which appro-priations
so made shall be chargeable to the several appropriations, re-spectively,
thereafter made in the annual appropriation resolution for that
year.
Sec. 15. No contract or agreement requiring the payment of money, or
requisition for supplies or materials, shall be made, and no warrant or -jrder
for the payment of money shall be drawn upon the treasury of the county,
or a subdivision, unless provision for the payment thereof has been made
36
by (a) an appropriation resolution as provided by this act, or (6) through
the means of bonds or notes duly authorized by the General Assembly and
by the board of county commissioners, and further authorized in all cases
required by law or by the Constitution, 'by a vote of qualified voters or tax-payers,
or otherw^ise; nor shall such contract, agreement or requisition be
made unless the unencumbered balance of such appropriation or provision
remains sufficient for such payment. No contract or agreement or requisi-tion
requiring the payment of money shall be valid unless the same be in
writing, and unless the same shall have printed, written, or typewritten
thereon a statement signed by the county accountant, as follows: "Provision
for the payment of the moneys to fall due under this agreement has been
made by appropriation duly made or by bonds or notes duly authorized, as
required by the 'County Fiscal Control Act.' " Such certificate shall not
however, make valid any agreement or contract made in violation of this
section. Before making such certificate, the county accountant shall ascer-tain
that a sufficient unencumbered balance of the specific appropriation
remains for the payment of the obligation, or that bonds or notes have been
so authorized the proceeds of which are applicable to such payment, and
the appropriation or provision so made shall thereafter be deemed unen-cumbered
by the amount to be paid on such contract or agreement until the
county is discharged therefrom.
Sec. 16. No claim against the county or any subdivision shall be paid
except by means of a warrant or order on the county treasurer or county
depository, signed by the head of the department for which the expense was
incurred, nor unless the hill or claim for which the warrant or order is
given shall have been presented to and approved by the county accountant,
or in case of his disapproval of such claim or bill, by the board of county
commissioners. The board shall not approve any claim or bill which has
been disallowed by the county accountant without entering upon the minutes
of the board its reason for approving the same in such detail as may show
the board's reason for reversing the county accountant's disallowance. No
warrant or order, except a warrant or order for payment of maturing bonds,
notes, or interest coupons thereto appertaining, shall be valid unless the
same shall bear the signature of the county accountant below a statement
which he shall cause to be written, printed, or typewritten thereon con-taining
the words: "Provision for the payment of this warrant (or order)
has been made by an appropriation duly made or a bond or note duly author-ized,
as required by the 'County Fiscal Control Act.'
"
Sec. 17. Accounts shall be kept by the county accountant for each object
of appropriation, which objects shall be classified under the various funds
as defined in section two of this act, and every warrant or order upon the
county treasury shall state specifically against which of such funds the
w^arrant or order is drawn; such account shall show in detail the amount
appropriated thereto, the amount drawn thereupon, the unpaid obligations
chai'ged against it, and the unencumbered balance to the credit thereof.
Sec. 18. The county accountant shall furnish bond in some surety com-pany
authorized to do business in North Carolina, the amount to be fixed
by the board of commissioners in a sum not less than five thousand dollars
($5,000.00), which bond shall be approved by the board of county commis-
37
sioners, and shall be conditioned for the faithful performance of his duties'
under this act.
Sec. 19. Every public officer and employee whose duty it is to collect or
receive any funds or money belonging to any county or subdivision thereof
shall daily deposit the same with the county treasurer or in some bank,
banks, or trust company designated by the board of commissioners, in the
name of the county and of the fund to which it is applied, and shall report
the same daily to the county accountant by means of duplicate deposit ticket
signed by the depositary. If there is no treasurer or designated depositary
in the county, then the board of commissioners may allow such deposits'
to be made every three days in some depository outside of the county. If
such officer or employee collects or receives such public moneys for a taxing
district of which he is not an officer or employee, he shall, during Saturday
of each week, pay to the proper officer of s'uch district the amount so col-lected
or received during the current week, and take receipt therefor.
The board of commissioners is hereby authorized and empowered to select
and designate annually, by recorded resolution, some bank or banks or trust
company in this State as an official depository of the funds of the county,
and the county commissioners shall require of such depository a bond in
some surety company authorized to do business in North Carolina in an
amount sufficient to protect such deposits, but in no event not less than the
average daily bank balance of the county for the preceding year; but the
board may at any time require an additional bond, in its discretion.
It shall be the duty of the board of commissioners to provide by recorded
resolution for interest to be paid on public deposits at a rate to be deter-mined
by the board of commissioners. It shall be unlawful for any public
moneys to be deposited by any officer, employee, or department, in any place,
bank, or trust company other than those selected and designated as official
depositories. Any person or corporation violating the provisions of this
section or aiding or abetting in such violation shall be guilty of a mis-demeanor
and punished by fine or imprisonment, or both, in the discretion
of the court.
Sec. 20. If a county accountant shall knowingly certify any contract,
agreement, or warrant in violation of the requirements of this act, or approve
any fraudulent, erroneous, or otherwise invalid claim or bill, or make any
statement required by this act, knowing the same to be false, or shall will-fully
fail to perform any duties imposed upon him by this act, he shall be
guilty of a misdemeanor and punishable for each offense by a fine of not
less than fifty dollars ($50.00) or imprisonment for not less than twenty
(20) days, or both fine and imprisonment in the discretion of the court, and
shall be liable on his bond for all damages caused by such violation or failure.
Sec. 21. If any county officer or head of a department or other official or
person of whom duties are required by this act shall willfully violate any
part of this act, or shall willfully fail to perform any such duties, he shall
be liable for all damages caused thereby.
Sec. 22. The recovery of all damages allowed by the act may be made in
the court having jurisdiction of the suit of the county, any subdivision
thereof, or any taxpayer or other person aggrieved.
38
Sec. 23. It shall be the duty of the chairman of the board of county com-missioners
to report to the solicitor of the district within which the county
lies all facts and circumstances showing the commission of any offense as
defined herein, and it shall be the duty of the solicitor to prosecute.
Sec. 24. It is the purpose of this act to provide a uniform system for all
counties of the State by which the fiscal affairs of counties and subdivisions
thereof may be regulated, to the end that accumulated deficits may be made
up, and future deficits prevented, either under the provisions of this act or
under the provisions of other laws authorizing the funding of debts and
deficits, and to the end that every county in the State may balance its budget
and carry out its functions without incurring deficits.
Sec. 25. All laws and parts of laws, whether general, local or special,
which are in confiict with this act, are hereby repealed. Nothing herein
contained, however, shall require any county now operating under a budget
system provided by any local or special act now in force or which may be
passed at the Regular Session of the General Assembly of 1927, to abandon
any such operation or to comply with this act, but any such county may,
in the discretion of its board of commissioners, elect to conduct its pro-cedure
under any one or more sections of this act as the board may deem
best. All such counties shall nevertheless be subject to the requirements
of certain provisions of this act, which are: (a) the annual publication of
financial information, substantially as required by section 11; (6) the adop-tion
of an appropriation resolution which shall appropriate the full amount
of all deficits not funded and the full amount required for debt service as
required by section 8; (c) the annual levy of taxes sufficient to meet all
appropriations and the probable amount of uncollectible taxes computed as
required by section 12; (d) endorsement by some one county officer, who
shall either be the county accountant or an officer designated for that pur-pose
by the board, of all contracts, agreements, requisitions, warrants and
orders, substantially as provided by sections 15 and 16; (e) compliance with
all the provisions' of section 19, and (/) all the provisions of sections 20, 21,
22, and 23 as to penalties, liability for damages and requirements for report-ing
offenses to the district solicitor, shall apply in all such counties so far
as such counties are herein required to comply with this act.
Sec. 26. If any part of this act shall be held unconstitutional, the parts
not unconstitutional shall remain in force, and the unconstitutional part
shall be regarded as exscinded.
Sec. 27. This act shall be in force from and after its ratification.
Ratified this 7th day of March, 1927.
1927, c —
.
AJf ACT TO PROYIDE FOR THE ISSUANCE OF BOjVDS AND IfOTES OF
COUNTIES, AND FOR PROPERTY TAXATION FOR THE PAYMENT
THEREOF, WITH INTEREST.
The General Assembly of North Carolina do enact:
Section 1. Short title. This act shall be known and may be cited as "The
County Finance Act."
39
Sec. 2. Meaning of terms. In tMs act, unless the context otherwise re-quires,
the words
—
"Governing Body" means the board of county commissioners, or the board
or body in which the general legislative powers of the entire county are
vested.
"Clerk" means the officer acting as clerk of the governing body.
"Necessary Expenses" means the necessary expenses referred to in section
seven of Article Seven of the Constitution of North Carolina.
"Published" means printed in a newspaper published in the county, if
there be such a newspaper, but otherwise means posted at the courthouse
door and in at least three other public places in the county.
"Chief Financial officer" means the county accountant, auditor, or other
officer designated or appointed by the governing body to supervise the fiscal
affairs of the county, unless such other officer shall be designated by law.
Sec. 3. Application and constnictio-n of act. This act shall apply to all
counties in the State, except as otherwise provided herein. Every provision
of this act shall be construed as being qualified by constitutional provisions
whenever such construction shall be necessary in order to sustain the con-stitutionality
of any portion of this act.
Sec. 4. Kevenue anticipation loans for ordinary expenses. Counties may
borrow money for the purpose of paying appropriations made for the current
fiscal year in anticipation of the collection of the taxes and other revenues
of such fiscal year, payable at such time or times, not later than thirty days
after the expiration of the current fiscal year, as the governing board may
fix. No such loan shall be made if the amount thereof, together with the
amount of similar previous loans remaining unpaid, shall exceed 80 per cent
of the amount of uncollected taxes and other revenue for the fiscal year
in which the loan is made, as estimated by the chief financial officer and
certified in writing by him to the governing body.
Sec. 5. Revenue anticipation loans for debt service. For the purpose of
paying the principal or interest of bonds or notes due or to become due within
four months, and not otherwise adequately provided for, any county may
borrow money in anticipation of the receipt of either the revenues of The
fiscal year in which the loan is made or the revenues of the next succeeding
fiscal year, and such loan shall be payable not later than the end of such
next succeeding fiscal year.
Sec. 6. iPfotes evidencing' revenue anticipation loans. Negotiable notes
shall be issued for all moneys borrowed under the two preceding sections,
which notes may be renewed from time to time, and money may be borrowed
upon new notes from time to time for the payment of any indebtedness evi-denced
thereby; but all such notes and loans shall mature within the time
limited by said two sections for the payment of the original loan. No
money shall be borrowed under said sections at a rate of interest exceeding
the maximum rate permitted by law. If such notes mature not more than
six months after their date, they may be disposed of either by public or
private negotiations, after five days notice has been given in some newspaper
having a general circulation in the county. If such notes mature more than
six months after their date, they shall not be disposed of except in accord-ance
with the provisions of this act governing the disposal of bond antici-pation
notes maturing more than six months from date. All notes herefn
40
provided for shall be authorized by a resolution of the governing body,
which shall fix the actual or maximum face amount of the notes and the
actual or maximum rate of interest to be paid upon the amount borrowed.
The governing body may delegate to any officer the power to fix such face
amount and rate of interest within the limitations prescribed by such resolu-tion,
and the power to dispose of such notes, which shall be executed under
the seal of the county by the chairman and clerk of the board, or by any
two officers designated by the board for that purpose, and any interest
coupons thereto attached shall be signed with the manual or facsimile signa-ture
of said clerk or of any other officer designated by the board for that
purpose.
Sec. 7. Certification of revenue auticipation notes. No revenue anticipa-tion
notes shall be valid unless there shall be written or printed on the face
or the reverse thereof a statement signed by the chief financial officer of the
county in the words: "This note and all other revenue anticipation notes of
the county amount to less than 80 per cent of the amount of uncollected
taxes and other revenue for the current year": Provided, however, that if
such notes are issued under the authority given by section five of this act,
said statement may be either in said words or in the words, "This note is
issued under section five of the County Finance Act for the payment of
principal or interest of bonds or notes."
Sec. 8. Purposes for which bonds may be issued and taxes levied. The
special approval of the General Assembly is hereby given to the issuance
by counties of bonds and notes for the special purposes named in this sec-tion,
and to the levy of property taxes for the payment of such bonds and
notes and interest thereon. Accordingly, authority is hereby given to all
counties in the State, under the terms and conditions herein described, to
issue bonds and notes, and to levy property taxes for the payment of the
same, with interest thereon, for the following purposes, including therein
purchase of the necessary land and, in the case of buildings, the necessary
equipment.
(a) Erection and purchase of schoolhouses.
(b) Highway construction and reconstruction, including bridges and
culverts. ' iit - I'lJ^
(c) Bridge construction.
(d) Erection and purchase of courthouse and jails, including a public
auditorium within and as a part of a courthouse.
(e) Erection and purchase of county homes for the indigent and infirm.
(f) Erection and purchase of hospitals.
(g) Erection and purchase of public auditoriums.
(h) Elimination of grade crossings over railroads and interurban rail-ways,
including approaches and damages, when not less than one-half of the
cost shall be payable to the county at one time, or from time to time under
contract made with a railroad or interurban railway company, the bonds
herein authorized to be for the entire cost or any portion thereof.
(i) Acquisition and improvement of lands for public parks and play-grounds.
(j) Funding or refunding of valid indebtedness incurred before July
first, one thousand nine hundred and twenty-seven, if such indebtedness be
payable at the time of the passage of the order authorizing the bonds or be
41
payable within one year thereafter, or, although payable more than one
year thereafter, is to be canceled prior to its maturity and simultaneously
with the issuance of the funding or refunding bonds, and all debt not evi-denced
by bonds which was created for necessary expenses of any county
and which remains outstanding at the ratification of this act is hereby
validated.
(k) A portion to be determined by the governing body of the cost of con-struction
of bridges at county boundaries, when an adjoining county or
municipality, within or without the State, shall have agreed to pay the re-maining
cost of construction.
(1) A portion to be determined by the governing body of the cost of
public buildings constructed or acquired in order that a part of such build-ings
may be used for a purpose hereinabove expressed when a municipality
within the county shall agree to pay the remaining cost.
Sec. 9. Order of gOTerning- body required. Bonds of a county shall be
authorized by an order of the governing body, the term "order" being here
used to indicate the order, resolution, or measure which declares that bonds
shall be issued, in order to differentiate the same from such subsequent
resolution as may be passed in respect of details which such order is not
required to contain. Such order shall state:
(a) In brief and general terms, the purpose for which the bonds are to
be issued, but not more than one purpose of issue shall be stated, the pur-poses
set forth in any one subsection of section eight of this act to be
deemed as one purpose;
(b) The maximum aggregate principal amount of the bonds;
(c) That a tax sufficient to pay the principal and interest of the bonds
when due shall be annually levied and collected;
(d) That a statement of the county debt has been filed with the clerk
and is open to public inspection;
(e) A clause stating the conditions upon which the order will become
effective, and the same shall become effective in accordance with such clauso,
which clause shall be as follows:
(1) If the bonds are funding or refunding bonds, that the order shall
take effect upon its passage, and shall not be submitted to the voters; or
(2) If the bonds are for a purpose other than the payment of necessary
expenses, or if the governing body, although not required to obtain the
assent of the voters before issuing the bonds, deems it advisable to obtain
such assent, that the order shall take effect when approved by the voters
of the county at an election as provided in this act; or
(3) In any other case, that the order shall take effect thirty days after
the first publication thereof after final passage, unless in the meantime a
petition for its submission to the voters is filed under this act, and that in
such event it shall take effect when approved by the voters of the county
at an election as provided in this act.
Sec. 10. Order need not speeiiy details of purpose. In stating the pur-pose
of a bond issue, an order need not specify the locatfon of any improve-ment
or property, or the material of construction.
Sec. 11. Maturities of Bonds. All bonds shall mature in annual series as
hereinafter provided, and no funding or refunding bonds shall mature after
the expiration of the period herein fixed for such bonds, respectively; and
42
no other bonds shall mature after the expiration of the period estimatefl
by the governing body as the life of the improvement for v^^hich the bonds
are issued, each such period to be computed from a day not later than one
year after the passage of the order. Such periods shall not exceed the fol-lowing
for the respective classes of bonds:
(a) Funding bonds, fifteen years.
(b) Refunding bonds, twenty years.
(c) Bridge bonds (including retaining walls and approaches), forty
years, unless constructed of wood and in that case, ten years.
(d) Elimination of grade crossings, thirty years.
(e) Lands for public parks and playgrounds, including improvements,
buildings, and equipment, forty years.
(f) Highway construction or reconstruction, including bridges and cul-verts,
if the surface
—
(1) Is constructed of sand and gravel, five years;
(2) Is of waterbound macadam or penetration process, ten years;
(3) Is of brick, blocks, sheet asphalt, bitulithic or bituminous concrete,
laid on a solid foundation, or is of concrete, twenty years.
(g) If, in the order of subsequent resolution, the governing body should
be unwilling to provide that the surface of highways to be constructed or
reconstructed with the proceeds of bonds shall have any surface describecl
above, it shall be lawful to provide for a different surfacing if the State
Highway Commission or the chairman thereof shall certify, and if an ordor
or resolution of the governing body shall recite such certification (which
recital shall be conclusive for the purpose of this act) that the surfacing
so provided is believed to be of at least equal durability with the surfacing
described in one or the other of the three classes of surfacing above de-scribed,
and in that event the bonds shall not mature later than fhe period
hereinabove provided for such similar surfacing.
(h) Public buildings, if they are
—
(1) Of fireproof construction, that is, a building the walls of which are
constructed of brick, stone, iron or other hard, incombustible materials, and
in which there are no wood beams or lintels, and in which the floors, roofs,
stair halls, and public halls are built entirely of brick, stone, iron or other
hard, incombustible materials, and in which no woodwork or other in-flammable
materials are used in any of the partitions, flooring, or ceiling
(but the building shall be deemed to be of fireproof construction, notwith-standing
that elsewhere than in the stair halls and entrance halls there is
wooden flooring supported by wooden sleepers on top of the fireproof floor,
and that it contains wooden handrails and treads, made of hardv/ood, not
less than two inches thick), forty years;
(2) Of non-fireproof construction, that is, a building the outer walls of
which are constructed of brick, stone, iron or other hard, incombustible
materials, but which in any other respect differs from a fireproof buITding
as defined in this section, thirty years;
(3) Of other construction, twenty years.
Sec. 12. Consolidated Ibond issues. It shall be lawful to consolidate into
one issue bonds authorized by two or more orders for different purposes.
In which event the bonds of such consolidated issiie shall mature within
the average of the periods estimated as the life of the several improve-
43
nients, taking into consideration the amount of bonds to be issued on account
of each item for which a period shall be estimated.
Sec. 13. Sworn statement of debt, before authorization of bonds for school
purposes. After the introduction, and at least ten days before the final pas-sage
of an order for the issuance of bonds for school purposes, an officer
designated by the governing body for that purpose shall file with the clerk
a statement of debt incurred and to be incurred for school purposes under
orders either introduced or passed, whether evidenced by bonds, notes, or
otherwise, and whether incurred by original creation of the debt or by
assumption of debt, including debt incurred by the county board of educa-tion,
and including debt to the State or to any department thereof, but not
including obligations incurred to meet appropriations in anticipation of
revenues to an amount not exceeding the amount of the last preceding tax
levy for school purposes, nor including debt incurred in anticipation of the
sale of any kind of bonds except funding and refunding bonds, which state-ment
shall show the following:
(a) The assessed valuation of property as last fixed for county taxation.
(b) Outstanding school debt.
(c) Bonded school debt to be incurred under orders either passed or in-troduced.
(d) The sum of items "b" and "c."
(e) School sinking funds, being money or investments thereof pledged
and held for the payment of principal of outstanding school debt.
(f) School credits, being principal sums owing to the county from school
districts which are pledged to and when collected will be used in the retire-ment
of outstanding school debt.
(g) Amount of unissued funding and refunding school bonds included in
gross debt.
(h) The sum of items "e" and "f" and "g."
(i) Net school debt, being the sum by which item "d" exceeds item "h."
(j) The percentage that the net school debt bears to said assessed valu-ation.
Sec. 14. Sworn statement of debt before authorization of bonds for other
than school purposes. After the introduction, and at least ten days before
the final passage of an order for the issuance of bonds for other than school
purposes, an ofRcer designated by the governing body for that purpose shall
file with the clerk a statement of debt incurred and to be incurred for other
than school purposes under orders either introduced or passed, whether
evidenced by bonds, notes, or otherwise, and whether incurred by original
creation of the debt or by assumption of the debt, including debt to the
State or any department thereof, but not including obligations incurred to
meet appropriations in anticipation of revenues to an amount not exceeding
the amount of the last preceding tax levy for other than school purposes, or
including debt incurred in anticipation of the sale of any kind of bonds
except funding and refunding bonds, which statement shall show the fol-lowing:
(a) The assessed valuation of property as last fixed for county taxation.
(b) Outstanding debt for other than school purposes.
(c) Bonded debt to be incurred for other than school purposes under
orders either passed or introduced.
44
(d) The sum of items "b" and "c."
(e) Sinking fund (except school sinking fund), being money or invest-ments
thereof pledged and held for the payment of principal of debt out-standing
for other than school purposes.
(f) Moneys payable to the county by a railroad or interurban railway
company, under contract, as all or part of the cost of grade crossing elimi-nation,
if such moneys are pledged to and when collected will be used in the
retirement of outstanding debt for other than school purposes.
(g) Amount of unissued funding and refunding bonds not for school pur-poses
included in gross debt.
(h) The sum of items "e," "f," and "g."
(i) Net debt for other than school purposes, being the sum by which
item "e" exceeds item "h."
(j) The percentage that the net debt for other than school purposes bears
to said as

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Kducatioxal Publication No. 113 Division of Publications No. 32
SCHOOL LEGISLATION
ENACTED BY THE
GENERAL ASSEMBLY OF NORTH CAROLINA
REGULAR SESSION 1927
REGULAR SESSION 1925
and
EXTRA SESSION 1924
published bt the
State Superintendknt of Public Instruction
Raleigh, N. 0.
INTRODUCTORY NOTE
The General Assembly of 1923 revised and codified the public school laws
relating to the county and other local school officials. This codification,
chapter 136, Public Laws 1923, together with those laws defining the powers
and duties of the State Board of Education and the State Superintendent
of Public Instruction that were not changed and other public school laws
enacted by the General Assembly of 1923, were printed in bulletin form and
made available for distribution.
Since these laws were printed, certain new laws have been enacted and
many sections of the Code of 1923 and the Consolidated Statutes have been
amended by the General Assemblies of Extra Session 1924, Sessions 1925
and 1927. These sections of the code that have been amended, together with
the new laws in effect now, are printed herewith in pamphlet form. This
pamphlet, therefore, and the publication referred to above, contain the com-plete
school law now in effect in the State.
state Superintendent of Public Instruction.
March 18, 1927.
n
)f
CONTENTS
I. Since the school code of 1923 was enacted the following special acts
relating to education have been enacted:
TAGB
An act to provide for the distribution of the Equalizing Fund for certain
counties (1927, c. —) 7
An act to appoint the boards of education in the respective counties in
North Carolina (1927, c. —) 10
An act to provide a Special Building Fund to be loaned to county boards
of education to aid in erecting schoolhouses (1927, c. —) : 15
An act to ratify and validate enlargements of special charter school dis-tricts
and the voting of bonds therein under certain circiim-stances
(1927, c. —) - 20
An act to provide for the creation of school districts (1927, c. —) 21
An act establishing "The Old North State" as the State's official song
for North Carolina (1927, c. —) 23
An act to provide for giving publicity to highway traffic laws through
the public schools (1927, c. —) 24
An act to provide for fire drills in the public schools in North Caro-lina
(1925, c. 130) 25
An act to protect school children riding in public school busses upon the
public roads and highways of the State (1925, c. 265) 26
An act to regulate the speed of busses carrying school children (1925,
c. 297) - 26
An act to provide for the recording in the office of the State Auditor
statements concerning bonds and notes of counties, townships, school
districts, municipal corporations, and taxing districts, and making
effectual the means of payment provided for said counties and to
provide for supervision of such means by the State Auditor, and
making noncompliance with certain parts of this act a misdemeanor
and violation of certain parts thereof a felony and providing penal-ties
and repealing chapter 100, Public Laws of 1925 (1927, c. —)~ 26
An act to provide for requisition in the name of the owner of bonds of
counties, cities, towns, school districts, and school taxing districts
(1925, c. —) 30
An act to authorize disbursing officers of counties, cities, towns, town-ships,
school districts, and school taxing districts to pay and to con-tract
to pay fiscal agency fees for the payment of bonds and cou-pons
(1925, c. 195) 31
An act to provide for the administration of the fiscal affairs of counties.... 31
An act to provide for the issuance of bonds and notes of counties, and
for property taxation for the payment thereof, with interest 39
II. The following sections of the school code of 1923 have been amended:
Section 8. A standard high sdhool defined (C. S. Ill, 5392; 1927.
c. —, s. 1) _ 54
Section 56. Authority of commissioners to borrow (C. S. Ill, 5464;
1927, «0 c. —, s. 18) „ _ 54
^ 5
PAGE
Section 58. How school funds shall be disbursed (C. S. Ill, 5466;
1927, c. —, s. 20) 54
Section 60. The erection of schoolhouses (C. S. Ill, 5468; 1925, c. 221) 55
Section 61. Condemnation of school sites (C. S. Ill, 5469; Extra Session
1924, c. 121, s. 1) 55
Section 64. County boards may aid charter districts in the erection of
schoolhouses (C S. Ill, 5472; 1925, c. 180, s. 1) 56
Section 73-a, The county-wide plan (C. S. Ill, 5481; Extra Session
1924, c. 121, §. 2) 5G
Section 79. Changing boundaries of special charter districts (C. S. Ill,
5487; 1925, c. 150, s. 1) 58
Section 172-218. Part VI of the s(ihool code of 1923 pertaining to the
revenue for the public schools rewritten and amended (C. S. Ill,
5585-5636; 1927, c. —) 58
Section 220. Petition for local tax elections (C. S. Ill, 5640; 1925,
c. 143, s. 1) 73
Section 223. Increasing local tax rates in charter and local tax dis-tricts
(C. S. Ill, 5643; 1925, c. 143, s. 2) 74
Section 226. Enlargement of districts (C. S. Ill, 5646; 1927, c. —
,
ss. 1, 2) 74
Section 230. Enlarging boundaries of districts within an incorporated
city of town (C. S. Ill, 5650; 1925, c. 143, s. 3) 74
Section 232. Joint districts (C. S. Ill, 5651; Extra Session 1924, c. 32,
s. 1) _ 76
Section 236. Petition for election in special school taxing districts
(C. S. Ill, 5657; 1927, c. —, s. 1) _ 78
Section 245. Local tax rates under county-wide special tax (C. S. Ill,
5666; 1925, c. 180, s. 2) 78
Section 257. Bond elections (C. S. Ill, 5669; Extra Session 1924,
c. 121, s. 3) „... 79
Section 263. Bond elections in special charter districts (C. S. Ill, 5675;
Extra Session 1924, c. 121, ss. 4, 5; 1927, c—, s. 1) 79
Section 271. Commissioners may borrow for building without vote of
people (Extra Session 1924, c. 120; 1925, c. —; 1927, c. —) 80
Section 347. Compulsory attendance (C. S. Ill, 5757; 1925, c. 226, s. 1) 81
Section 351. Evidence of compulsory attendance violation (C. S. Ill,
5761; 1925, c. 226, s. 2) 82
Section 369. Observance of Arbor Day (C. S. Ill, 5780-p; 1927, c. —, s. 1) 82
Section 378-a. Effect of chapter 95 (the school code) upon local or pri-vate
bond acts (1925, c. 143, s. 4) 82
III. The following sections of the Consolidated Statutes not included in the
code of 1923 have been aimended:
Section 3910. Treasurer's commission (C. S. 3910; Extra Session 1924,
c. 121, s. 6) _ - 83
Section 5435. Contiguous school census (C. S. Ill, 5435; 1925, c. 95, s. 1) 83
Section 5446. Children at orphanages (C. S. Ill, 5446; 1927, c. —, s. 1) 84
Section 5578. Date of teachers' examinations (C. S. Ill, 5578; 1925,
c. 181, s. 3) -. 84
SCHOOL LEGISLATION
ENACTED BY THE GENERAL ASSEMBLY, SESSIONS OF
1927, 1925 AND EXTRA SESSION 1924
SPECIAL ACTS
AN ACT TO PROVIDE FOR THE DISTRIBUTION OF THE EQUALIZING
FUND FOR CERTAIN COUNTIES.
Whereas, the Constitution directs the General Assembly of North Carolina
to provide by taxation and otherwise for a general and uniform system of
public schools for the State; and
"Whereas, there appears to be marked difference in the assessed valuations,
the tax rates, and the types of schools in the various countfes; and
Whereas, the county commissioners in many counties cannot secure the
funds necessary for the support of the six months school term from county
revenues alone without making the taxes burdensome and the tax rates
grossly unequal among the several counties; and
Whereas, State aid is necessary in order more nearly to equalize both the
tax rates for schools and the school advantages in the different counties;
therefore.
The General Assembly of North Carolina do enact:
Section 1. That the appropriation made under Title IV 5 (2) of Section I
in "An' Act to Make Appropriations for the Maintenance of the State's Institu-tions,
the Various Departments, Bureaus and Agencies of the State Govern-ment"
of the sum of three million two hundred and fifty thousand dollars
($3,250,000) for an Equalizing Fund for the year ending June thirtieth, one
thousand nine hundred and twenty-eight, and of the sum of three million two
hundred and fifty thousand dollars ($3,250,000) for an Equalizing Fund
for the year ending June thirtieth, one thousand nine hundred and twenty-nine,
shall be distributed among the various counties of the State as here-inafter
provided.
Sec. 2. That a State Board of Equalization is hereby established, which
shall be composed of eleven members, one of whom shall be the Presiding
Officer of the Senate and one member from each Congressional District of
North Carolina, to be appointed by the Governor and confirmed by tHe Senate
before the adjournment of the Regular Session of the General Assembly for
the year one thousand nine hundred and twenty-seven; said members shall
serve for a period of four years from the time of their appointment and
shall receive as compensation therefor the sum of ten dollars per day and
expenses while actually engaged upon the business of the Board. The State
Board of Equalization shall have the power to appoint an executive secretary
and such assistants as they may deem necessary and shall be provided with
adequate quarters in the Department of Revenue. Said Assistants and em-ployees
of said State Board of Equalization shall collect and organize data
dealing with the value of property of the several counties of the State. The
salary of all employees and members of the Board shall be paid out of the
Equalization Fund upon requisition drawn by the State Superintendent of
Public Instruction.
Sec. 3. The duties of the State Board of Equalization shall be as follows:
To investigate, study, compare, and determine the true value of all property
subject to taxation for each and every county in the State, which value shall
be the basis upon which taxes for the six months school term shall be levied
and collected, and the basis upon which the Equalizing Fund shall be ap-portioned.
In performing this duty the State Board of Equalization shall
have the right to examine all records bearing on this subject in any public
office in North Carolina, and it shall be the duty of all public officials in
the State and of all owners of property, both individual and corporate, to co-operate
with said Board and to give it upon request such information as
they may have. The State Board of Equalization shall certify the total value
of all property as by it determined of each and every county to the Commis-sioner
of Revenue, to the State Superintendent of Public Instruction, to th'e
State Auditor, and to the board of county commissioners and the county
board of education of each county not later than June first of each year,
beginning with June first, one thousand nine hundred and twenty-eight.
Said board shall also have authority to make such rules and regulations
concerning the time and place of its meeings as it may determine and the
right to conduct such hearings as it may deem necessary in the performance
of its duties, and for that purpose may issue subpoenas under the hand of
its chairman or secretary, compelling the attendance of persons and the
production of papers at any time and place designated by said board, and
shall also have the right to enforce obedience to its lawful orders.
Sec. 4. Before any county shall participate in the Equalizing Fund for
the year ending June thirtieth, one thousand nine hundred twenty-eight,
the Board of County Commissioners shall levy and collect by ad valorem
tax a net sum equal to the amount which would be raised by a tax of forty
cents on each one hundred dollars of valuation as determined by the State
Board of Equalization on or before June 1. 1927, as said county's part of
the current expenses for the six months school term of 1927-28 in the' sup-port
of which the State participates. Before any county shall participate
in the Equalizing Fund for the year ending June thirtieth, one thousand
nine hundred and twenty-nine, the Board of County Commissioners shall
levy and collect by ad valorem tax a net sum equal to the amount which
would be raised by a tax of forty cents on each one hundred dollars of
valuation as determined by the State Board of Equalization on or before
June one, one thousand nine hundred and twenty-eight, as said county's part
of the current expenses for the six months school term of 1928-29 in the
support of which the State participates. This tax shall be levied and col-lected
in the same way and manner that other county taxes are levied and
collected and shall be turned over to the treasurer of the school fund of
each county.
Sec. 5. For the purpose of making the apportionment of the Equalizing
Fund for the year ending June thirtieth, one thousand nine hundred and
A,
twenty-eight, and also for the year ending June thirtieth, one thousand nine
hundred and twenty-nine, the State Board of Equalization shall cause to be
checked hy the State Superintendent of Public Instruction the approved
November Budget of the last preceding year of each and every county in
accordance with the salaries, actually paid, not in excess, however, of the
State salary schedule; and in accordance with the number of teachers
employed, not in excess, however, of the number allowed by law; and shall
determine therefrom the necessary cost of maintaining the six months
school term in each county, including the salaries of teachers, principals
and superintendents, and including in addition thereto the actual amount
expended for current expense other than salaries, not in excess, however,
of fifteen per cent of salaries according to the State salary schedule. TEe
amount due any county from the Equalizing Fund shall be th'e amount by
which the necessary cost of the six months schol term as herein calculated
exceeds the amount produced by the levy of forty cents on the valuation of
said county as determined by the State Board of Equalization as provided
in section 4 of this act.
Sec. 6. The payment of the Equalizing Fund to the participating coun-ties
may be made in not more than four installments at such times as may
be practicable to meet the needs and necessities of the six months term
in the various counties. When it shall appear to the State 'Superintendent
of Public Instruction from the November Budget of the current year that
any county participating in the Equalizing Fund has provided its part of
the necessary cost of maintaining the six months school term, he shall
draw his requisition on the State Auditor for the last installment of the
county's allotment of the Equalizing Fund.
Sec. 7. It shall be the duty of the State Board of Equalization To set
aside out of the Equalizing Fund provided for the school years ending June
thirtieth, one thousand nine hundred and twenty-eight, and June thirtieth,
one thousand nine hundred and twenty-nine, the sum of one hundred thou-sand
dollars ($100,000), and to distribute the same among the participating
counties as follows:
(a) There may be apportioned to any participating county an additional
amount of not exceeding five percent of its estimated salary needs when,
in the opinion of the State Board of Equalization, such increase is justified
by increased school attendance and growth and improvement of the schools
in such county.
(b) The Equalization Board may appropriate an amount not in excess
of three thousand dollars ($3,000) to any participating county when, in the
opinion of said Board, such county may have suffered any unforeseen mis-fortune
to an extent suflScient to affect seriously the general revenue of the
county.
(c) The State Board of Equalization may appropriate an amount not
exceeding two thousand dollars ($2,000) to any participating county when,
in the opinion of the Board, said county has made such efforts for the im-provement
of its schools through the improvement of its teaching personnel
as make it deserving of such aid.
(d) Said Board may also, in case of participating counties whose school
terms begin prior to September first in any year, making advances in antici-pation
of the first payment or distribution to which said counties m~ay be
entitled out of the fund, which advances shall be deducted from the
amounts due such counties upon levy and collection of taxes by them as
hereinbefore provided. In the event all of the sum herein designated shall not
be used for the purposes herein set out, then such unused portion shall be re-turned
to the Equalizing Fund.
Sec. 8. In the event that the Equalizing Fund of three million, two hun-dred
and fifty thousand dollars ($3,250,000) is not sufl&cient together with
the amount raised by the levy and collection of a forty cent county tax
on the valuations determined by the State Board of Equalization and to-gether
with those funds required by the Constitution to be placed to the
credit of the free public schools of each county to provide a six months
school term, exclusive of debt service and capital outlay costs, then it shall
be the duty of the State Board of Equalization to ascertain the additional
rate necessary to provide that part of the current expense of the six months
school term in which the State participates and to notify the county boaf^
of education who in turn will notify the board of county commissioners
of each participating county; and it is hereby declared the duty of the
said board of county commissioners of each participating county to levy the
additional tax necessary for this purpose, in no event, however, to exceed
five cents on the one hundred dollars of valuation as determined by the^State
Board of Equalization, and being the same on this determined valuation
in all counties.
Seo. 9. Nothing in this act is intended to prevent a county from levying
taxes to pay higher salaries than the State salary schedule, or to provide for
additional teachers, or to provide funds for bonded indebtedness, interest,
buildings, and other operating expenses.
Sec. 10. Each section of this act and this act as a whole shall be so con-strued
as to provide for a fair and equitable distribution of the Equalizing
Fund to the end that the burden of support of the six months ferm may rest
equitably upon all the participating counties.
Sec. 11. All laws and clauses of laws in conflict with this act~are hereby
repealed.
Sec. 12. This act shall be in force from and after its ratification. .
Ratified this the 9th day of March, 1927.
1927, c. —
.
AN ACT TO APPOINT THE BOARDS OF EDUCATION IN THE EESPEC-TIVE
COUNTIES IN NORTH CAROLINA.
The General AssemMy of North Carolina do enact:
Section 1. That the hereinafter named persons are appointed members of
the County Board of Education for the several counties in the State to fill
the vacancies which will occur in the Board of. Education of the several
counties in the State on the first Monday in April, one thousand, nine hun-dred
and twenty-seven, or to fill the vacancies created by this act, and the
following named persons are hereby appointed to the respective Boards of
Education of the several counties in the State, for the terms set opposite
their names below, to wit:
10
Alamance: C. P. Albright, E. J. Braxton, W. R. Sellers, J. J. LamJjeth,
J. E. Sellers, each for the term of two years.
Alexander: J. C. Fortner, for the term of two years.
Alleghany: John C. Halsey, for the term of two years.
Anson: J. L. Little, for the term of six years.
Ashe: A. A. Price and G. C. Green, each for the term of four years.
Avery: M. C. Biggerstaff, for the term of two years; J. M. Phillips, for
the term of four years; D. P. Bridges, for the term of six years.
Beaufort: W. J. Justus, Frank W. Cox, each for the term of six years.
Bertie: M. B. Gilliam, R. A. Urquhart, W. A. Tayloe, D. R. Britton, T. A.
Smithwick, each for the term of two years.
Bladen: J. Fletcher Council, for the term of four years; L. D. Melvin, for
the term of six years.
Brunswick: Frank Galloway, for the term of four years; R. T. Williams,
J. L. Stone, each for the term of two years.
Buncomde: James T. Roberts, Albert Teague, Claude L. Felmet, George
W. Craige, Marshall West, each for the term of two years.
Burke: J. E. Coulter, A. N. Dale, Will Davis, W. E. McConnaughey, L. F.
Brinkley, each for the term of two years.
Cabarrus: G. G. Allen, for the term of six years.
Caldwell: W. J. Lenoir, W. H. Livingstone, each for the term of six years.
Camden: Thomas Whaley, T. B. Godfrey, J. W. Jones, each for the term
of two years.
Carteret: W. H. Taylor, for the term of six years.
Caswell: George Oliver, Giles Mebane, N. J. Taylor, each for the term
of two years.
Catawba: B. B. Blackwelder, for the term of six years, Dr. Fred T. Foard,
C. C. Hewitt, each for the term of four years; Oscar Sherill, for the term
of two years; Eli Warlick, for the term of six years.
Chatham: E. R. Hinton, for the term of six years; G. M. Womble, for the
term of four years.
Cherokee: Charles B. Hill, Percy B. Ferrebee, T. T. Johnson, each for the
term of two years.
Chowan: Thomas W. Elliott, W. D. Welch, each for a term of two years;
R. N. Privott, Mrs. Z. W. Evans, each for a term of four years; W. B. Hassell,
for a term of six years.
Clay: W. T. Bumgarner, for a term of two years; Mark Weaver, for a
term of four years; H. B. Patton, for a term of six years.
Cleveland: W. A. Ridenhour, C. D. Forney, W. D. Lackey, Ivey Willis,
J. L. Horde, each for the term of two years.
Columbus: John F, Rogers, R. F. Covington, Glenn F. Holmes, James
C. Nye, David Wells, each for the term of two years.
Craven: J. H. Parker, for the term of six years; J. H. West, for the term
of four years; J. H. Elliott, for the term of two years.
Cumberland: N. S. McArthur, D. W. Carter, each for the term of six years.
11
Currituck: W. H. Gallop, Henry G. Dozier, G. C. Boswood, each for the
term of two years.
Dare: Samuel A. Griffin, 0. C. Fulcher, Calvin E. Payne, A. C. Goard,
E. N. Baum, each for the term of two years.
Davidson: C. C. Wrenn, John R. Myers, each for the term of two years.
Davie': Peter W. Hairston, for the term of six years.
Duplin: W. J. Grady, for the term of six years.
Durham: J. D. Hamlin, W. I. Cranford, H. G. Hedrick, J. B. Mason, H. L.
Umstead, each for the term of two years.
Edgecombe: George M. Fountain, R. A. Stancil, B. H. Thomas, each for
the term of two years.
Forsyth: James Griffith, P. Frank Haynes, George Miller Hinshaw, each
for the term of two years.
Franklin: E. L. Green, for the term of six years; Mrs. Mamie Dickens,
to succeed T. H. Dickens, deceased, for the term of four years, her appoint-ment
to take effect immediately.
Gaston: S. M. Boyce. J. H. Rudisill, C. E. Hutchinson, each for the term
of two years.
Gates: J. L. Hofler, J. C. Holland, E. A. Benton, each for the term of two
years.
Graham: S. P. Harwood, T. A. Morphew, D. T. Hyde, each for the term
of two years.
Granville: B. N. Clement, J. W. Dean, R. S. Hart, S. F. Bullock, J. L.
Peed, each for the term of two years.
Greene: J. E. Debnam, W. D. Cobb, L. A. Mewborn, each for the term of
two years.
Guilford: C. H. Ireland, for four years; Dred Peacock, for four years;
S. E. Coltrane, for four years; William H. Bennett, for two years; D. M.
Chrismon, for two years.
Halifax: F. H. Gregory, for a term of two years; W. F. White, for a term
of six years; T. M. Jenkins, for the term of four years.
Harnett: H. S. Holloway, D. P. Ray, E. W. Smith, each for the term of
two years.
Haywood: D. M. Cagle, W. T. Sharp, Lee V. Rogers, each for the term of
two years.
Henderson: J. W. Morgan, for the term of six years.
Hertford: G. C. Picot, W. D. Boone, W. A. Thomas, each for a term of two
years.
Hoke: Jesse Gibson, Louis Parker, Laurie McEachern, J. A. Hodgin, B. R.
Pickler, each for the term of two years.
Hyde: J. H. Swindell, James S. Mann, William Payne, each for the term
of two years.
Iredell: F. B. Gaither, D. E. Turner, D. Lee Morrow, A. L. Mills, W. C.
Wooten, each for the term of two years.
Jackson: C. L. Allison, N. D, Davis, each for the term of two years.
12
Johnston: W. G. Wilson, J. W. Woodard, P. B. Johnson, each for the term
of two years.
Jones: J. J. Simmons, for the term of six years.
Lee: J. C. Watson, for the term of six years; D. E. Shaw, for the term of
four years; B. R. Buchan, for the term of two years.
Lenoir: W. B. Becton, R. G. Hodges, Thad Turner, D. W. Wood, E. V.
Webb, each for the term of two years.
Lincoln: L. A. Yoder, T. N. James, 0. F. Howard, each for the term of
two years.
Macon: Alex Moore, for the term of six years; Dr. S. H. Lyle, for the
term of four years ; N. L. Barnard, for the term of two years.
Madison: Fred Halcomhe, Lee Ramsey, Wiley M. Roberts, each for a term
of four years, and they will assume ofRce from and after the date of the rati-fication
of this act, and their qualification as required by law.
Martin: B. M. Worsley, Nathan Rogers, K. B. Crawford, each for a term
of four years; J. A. Getsinger, Henry Norman, each for a term of two years.
McDowell: J. S. Bradley, for the term of six years.
Mecklenburg: W. Banks McClinock, for four years; Julian S. Miller,
J. Wilson Alexander, each for the term of six years.
Mitchell: W. B. Young, Deck T. Fortner, S. T. Henry, each for the term
of two years.
Montgomery: W. B. Cochran, Chas. J. McLeod, J. J. Russell, each for the
term of two years.
Moore: John W. Graham, John R. McQeen, each for the term of six years;
S. H. Miller, for the term of four years; C. C. Jones, Dr. J. P. Davis, each
for the term of two years.
Nash: F. V. Avant, John W. Roberson, T. A. Avera, each for the term of
two years.
New Hanover: Dr. Charles T. Bolles, for the term of six years.
Northampton: W. Harry Stephenson, for the term of six years; E. S.
Bowers, for the term of four years; A. L. Lassiter, for the term of two years.
Onslotv: J. H. Amen, R. K. Heritage, J. D. Coston, Dan W. Russell, W. Lee
Humphrey, each for the term of two years.
Orange: Sterling Browning, M. P. Efland, E. C. Compton, each for the
term of two years.
Pamlico: J. L. McCotter, for the term of six years; J. W. Sawyer, for the
term of four years; Dr. S. E. McCotter, W. J. Smith, each for the term of
two years.
Pasquotank: J. M. LeRoy, for the term of six years.
Pender: C. F. Mallard, for the term of six years.
Perquimans : W. E. Dail, Shelton M. Lang, each for the term of two years;
J. H. Baker, for the term of four years.
Person: W. R. Wilkerson, D. S. Brooks, Robert P. Burns, C. G. Reade,
0. G. Davis, each for the term of two years.
Pitt: M. 0. Blount, for the term of six years.
13
Polk: Miss Mae I. Flentye, C. G. Feagan, R. 0. Andrews, John R. Anderson,
each for the term of two years.
Bandolph: J. F. Hughes, for the term of two years.
Richmond: Nelson Gibson, for the term of six years.
Robeson: Mrs. W. M. Oliver, Miss Mary McEachern, each for the term of
six years.
Rockingliam : Eugene Irvin, C. P. Wall, J. L. Roberts, T. B. Wilson, T. J.
Garrett, each for the term of two years.
Rowan: J. W. Peeler, Mrs. E. W. Burt, W. Frank Thompson, each for the
term of six years.
Rutherford: Plato Gettys, Mrs. C. B. Wiseman, W. W. Nanney, each for
the term of two years.
Samx)son: Martin D. Jackson, George D. Herring, each for a term of six
years.
Scotland: W. N. McKenzie, T. L. Henly, W. G. Shaw, each for a term of
two years.
Stanly: A. P. Harris, for a term of six years; Mrs. Belle Ritchie, A. L.
Efird, for a term of four years each; W. A. Hough, W. A. Cagle, each for a
term of two years.
Stokes: J. Reid Forest, 0. T. Shelton, H. McGee, H. H. Leake, J. W.
Priddy, each for a term of two years.
Surry: John D. Thompson, J. J. Richards, W. R. Badgett, J. F. Cai'ter,
T. M. Marsh, each for a term of two years.
Sivain: S. E. Varner, for a term of six years; George H. Tabor, for a term
of four years; J. H. Coffey, for a term of two years.
Transylvania: J. S. Broomfield, for a term of six years; C. F. Woodfin, for a
term of four years; C. R. Sharp, for a term of two years.
Tyrrell: W. S. Carawan, J. R. Pledger, C. Z. Sawyer, each for a term of
two years.
Union: Luther E. Huggins, W. D. Hawfield, B. F. Parker, W. M. Gordon,
T. L. Price, to succeed the present Board, whose terms of office are vacated,
each to serve for a term of two years.
Vance: J. E. Kimball, R. L. Bennett, each for a term of four years; E. T.
Woodlief, Mark H. Stone, A. J. Parrott, each for a term of two years.
Wake: Needham Y. Gulley, M. B. Chamblee, Dr. W. C. Riddick, each for a
term of two year?.
Warren: Miss Amma D. Graham, Jesse Gardner, J. King Pinnell, Stanley
W. Powell, J. D. Riggan, each for the term of two years.
Washington: W. R. Hampton, H. H. Bateman, W. B. Davenport, each for
a term of two years.
Watauga: W. F. Sherwood, D. D. Daugherty, B. T. Taylor, each for a term
of two years.
Wayne: A. H. Edgerton, for a term of six years.
Wilkes: C. C. Faw, J. H. Pennell, T. M. Brown, each for a term of two
years.
Wilson: Doane Herring, J. H. Thompson, R. L. Barnes, each for a term
of six years.
14
Yadkin: M. V. Fleming, T. J. Phillips, H. D. Williams, each for a term of
two years.
Sec. 2. The members appointed under this act, except as in this act
otherwise provided, shall qualify by taking the oath of office on or before
the first Monday in April, one thousand nine hundred and twenty-seven, and
they shall elect a County Superintendent of Education before the fifteenth of
April, one thousand nine hundred and twenty-seven.
Sec. 3. All laws in confiict with this act are hereby repealed.
Sec. 4. This Act shall be in force from and after the date of its ratification.
Ratified this 9th day of March, 1927.
1927, c. —
.
AlV ACT TO PEOTIDE A SPECIAL BUILDING FUND TO BE LOANED TO
COUNTY BOARDS OF EDUCATION TO AID IN ERECTING SCHOOL-HOUSES.
Whereas, the General Assembly of North Carolina, at the regular session
of one thousand nine hundred and tw^enty-one, by the enactment of chapter
147, Public Laws of one thousand nine hundred and twenty-one, in order to
aid the counties in the erection of a larger and more permanent type of rural
school, created a special building fund of five million dollars, all of whicli;
supplemented by another five million from the counties, is now in commo-dious
school buildings in every county of the State; and
Whereas, the General Assembly of North Carolina, article 25, chapter 136,
Public Laws of one thousand nine hundred and twenty-three, created a second
special building fund of five million dollars, to be loaned to the county boards
of education from and after January first, one thousand nine hundred and
twenty-four; and
Whereas, the General Assembly of North Carolina, chapter 201, Public
Laws of one thousand nine hundred and twenty-five, created a third special
building fund of five million dollars to be loaned to the county boards of
education from and after January first, one thousand nine hundred and
twenty-six; and
Whereas, the State Board of Education received applications from county
boards of education for loans from this fund to the amount of more than
seven million dollars, from which applications the State Board of Education
approved loans for the full amount authorized, and has actually lent tffe
entire five million dollars to the county boards of education for definite and
fully described projects, most of which were complete by December, one
thousand nine hundred and twenty-six, and are now being used as school-houses;
and ,
Whereas, eighty-six counties estimate their urgent building needs for the
next biennium to be eight million dollars; and
Whereas, counties may obtain money for building purposes at a lower
interest rate than by local bonds, thereby saving interest charges: Now,
therefore.
15
The General Assemily of North Carolina do enact:
Section 1. That for the purpose of providing "a special building fund,"
to be loaned to the county boards of education for maintaining a six months
school term, the Treasurer is authorized and directed to issue bonds of the
State of North Carolina, payable in the manner and on the date hereinafter
described, to an amount not to exceed two million five hundred thousand
dollars ($2,500,000). All of said bonds shall bear interest at a rate not to
exceed four and one-half (4i^) per cent per annum, payable semiannually
on the first days of January and July of each year, and the said bonds shall
bear date as of the iirst day of January of each and every year in which they
may be issued, under the provisions of this act.
(a) Special huilding fund a separate fund. That the proceeds from the
sale of these bonds shall be a separate fund in the hands of the State Treas-urer
and shall be kept distinct from all other funds of the State. The funds
shall be paid out upon the warrant of the State Auditor, but no warrant shall
be issued by the Auditor except upon the requisition of the State Superin-tendent
of Public Instruction, with the approval and at the direction of the
State Board of Education. The bank or banks in which any money belonging
to this fund is deposited by the State Treasurer shall be required to pay
interest on monthly balances on said money at the rate of three per cent
per annum, and all such money so collected shall be credited monthly by
the State Treasurer to this fund.
(b) State Board of Eduzation authorised to make loans. That the State
Board of Education, under such rules and regulations as it may deem ad-visable,
not inconsistent with the provisions of this chapter, may make loans
from "The Special Building Fund" to the county board of education of any
county for building, equipping and repairing public school buildings, dormi-tories,
teacherages, and for the purchase of suitable sites: Provided, that no
loan shall be made from this fund until the application for said loan has
been made by the county board of education and approved by the county
commissioners, nor until said commissioners shall certify that the loan is
necessary to maintain a six months school term: Provided^ further, tliat no
loan shall be made from this fund for erecting or repairing any school build-ing
containing less than seven rooms, nor shall any building be erected in
whole or in part from funds borrowed from the State unless the plans for
said building shall have been approved by the State Superintendent of Public
Instruction.
(c) The first four installments paid back to the State by the counties,
as contemplated in this act, are hereby declared to be a part of the special
building fund and may, in the discretion of the State Board of Education,
be loaned to the counties on the same terms and in accordance with the same
rules as provided for an original loan.
Sec. 2. Loans to county boards of education made under the provisions
of this act shall be payable in twenty equal installments, shall bear interest
payable annually in advance at the same rate that the State had to pay on
the bonds issued under this act for securing "The Special Building Fund,"
and said loans shall be evidenced by the note or notes of the county board
of education, executed by the chairman and secretary thereof, and deposited
with the State Treasurer. The first installment of such loan, together with
the interest on the balance of the principal remaining unpaid, shall be paid
16
by the county board of education on or before the fifteenth day of December
subsequent to the making of such loan, and the remaining installments,
together with the interest, shall be paid, one each year, on the fifteenth day
of Decemiber of each subsequent year until all shall have been paid: Pro-vided,
if at the end of any five-year period it shall appear the earnings of
said fund are more than sufficient to retire said bonds the State Board may
direct the State Treasurer to transfer such surplus to the State literary
fund, and after all bonds are retired any balance remaining shall be turned
over to the State literary fund.
Sec. 3. The county board of education shall provide in its May budget for
a special tax, to be styled "A Special Building Fund Tax," sufficient to repay
the annual installment together,with the interest due, and shall issue its order
upon the treasurer of the county school fund and therefor, who, prior to
the fifteenth day of December, shall pay over to the State Treasurer the
amount then due. Any amount loaned under the provisions of this act shall
be a lien upon the total school fund of such county, in whatsoever hands
such funds may be; and if the board of county commissioners fail to provide
for a sufficient tax for the fund for the repayment of notes, loans and bon^s
to pay the loans and interest when due, so long as any part of said loan and
interest are due, the board of county commissioners shall borrow the money
in order that the six months school term may be maintained in accordance
with the Constitution. Upon failure of any county to pay any installment
or interest, or part of either, when due, the State Treasurer may deduct a
sufficient amount for the payment of the same out of any fund due such
county from any special State Appropriation for public schools, aiiS if the
amount necessary to conduct a six months school term has been decreased
thereby, thus making it impossible to provide the funds for a six months
term in every district in said county in accordance with law and the Con-stitution,
the county commissioners shall borrow the amount necessary to
meet the deficit caused thereby.
The State Treasurer may bring action against the county board of educa-tion
of such county, or against any person in whose possession may be any
part of the school funds of the county, or against the tax collector of such
county; and if the amount of school fund then on hand be insufficient, to
pay In full the sum so due, then the State Treasurer shall be entitled to an
order directing the tax collector of such county to pay over to the State
Treasurer all moneys collected for school purposes until such Tebt and in-terest
shall have been paid: Provided, this lien shall not lie against taxes
collected to pay interest and principal on bonds issued by the authorities
of any county or any district.
Sec. 4. That the State Board of Education shall approve all applications
for loans and the amount to be loaned to each county. When said board has
received and approved applications for loans in an amount of not less than
five hundred thousand dollars ($500,000), the State Board of Education shall
direct the State Treasurer to sell, and he shall sell, in accordance with the
provisions of this article. North Carolina bonds to provide funds for making
the loans in accordance with the applications approved: Pi'ovided, that when-ever
applications are received and approved, in accordance with the provisions
of this article, if the State Board of Education shall deem it unwise to sell
bonds at that time, the State Treasurer, by and with the consent of the
17
Governor and the Council of the State, is hereby authorized to borrow money
at the lowest rate of interest obtainable, in anticipation of the sale of the
bonds herein authorized, and for the purposes for which said bonds are
authorized. The State Treasurer shall execute and issue notes of tTie State
for the money so borrowed, and he is hereby authorized to renew any such
notes from time to time by issuing new notes. The rate of interest, thedate
of payment of said notes or renewals, and all matters and details in connec-tion
with the issuance and sale thereof shall be fixed and determined by
the Governor and Council of State. Such notes when issued sliall be en-titled
to all privileges, immunities and exemptions that the bonds authorized
to be issued are entitled to. The full faith, credit and taxing power of the
State are hereby pledged for the payment of such notes as may be issued,
and interest thereon. The proceeds received from said notes shall be used
for making loans to county boards of education in accordance with this
article. The notes issued in anticipation of the sale of bonds shall be paid
with the funds derived from the sale of said bonds whenever said bonds
are sold.
Sec. 5. That the bonds authorized and directed to be issued by the pre-ceding
sections shall be coupon bonds of the denomination of five hundred
dollars ($500) and one thousand dollars ($1,000) each, as may be determined
by said State Treasurer, and shall be signed by the Governor of the State
and State Treasurer and sealed with the Great Seal of the State. The
coupons thereon may be signed by the State Treasurer alone, or may have
a facsimile of his signature printed, engraved, or lithographed thereon, and
the said bonds shall in all other respects be in such form as the State
Treasurer may direct; and the coupons thereon shall, after maturity, be re-ceivable
in payment of all taxes, debts, dues, licenses, fines and demands due
the State of North Carolina, of any kind whatsoever, which shall be ex-pressed
on the face of said bonds. Before selling any of the series of bonds
herein authorized to be issued, the State Treasurer shall advertise the sale
and invite sealed bids in such manner as in his judgment may seem to be
most effectual to secure the par of said bonds at the lowest rate of interest.
He is authorized to sell the bonds herein authorized in such manner as in
his judgment will produce the par value of said bonds at the lowest rate of
interest, and where the conditions are equal he shall give the preference of
purchase to the citizens of North Carolina.
One-twentieth of the total bonds issued under date of January first, one
thousand nine hundred and twenty-eight, shall be due and payable on the
first day of January, one thousand nine hundred and thirty-three, and an-other
one-twentieth of the amount of said bonds shall be due and payable
on January first of each year thereafter until the whole series shall be paid,
and any bonds issued under this act on any subsequent January first shall be
due and payable as follows: One-twentieth of the total amount of said
bonds shall be due and payable on the first day of January five years after the
date of issuance of said bonds, and one-twentieth on each subsequent January
first of each year thereafter until the whole series authorized by this act
shall be paid in full.
Sec. 6. The said bonds and coupons shall be exempt from all State, county
or municipal taxation or assessment, direct or indirect, general or special,
Whether imposed for the purpose of general revenue or otherwise, and the
18
interest paid thereon shall not be subject to taxation as for income, nor shall
said bonds and coupons be subject to taxation when constituting a part of
the surplus of any bank, trust company, or other corporation, and it shall
be lawful for all executors, administrators, guardians, or other fiduciaries
generally to invest in said bonds.
Sec. 7. The county board of education, from any amount borrowed under
the provisions of this act, may make loans to special charter, local tax or
special school taxing districts, and the amount so loaned to any such district
shall be payable in twenty annual installments, with interest thereon at the
rate the county is required to pay, payable annually in advance. Any amount
loaned under the provisions of this act shall be a lien upon the total local
tax funds produced in the district. Whenever the local taxes at any time
may not be sufllcient to pay the installments with the interest, the county
board of education must supply the remainder out of the operating and
equipment fund, and shall make provisions for the same when tHe county
budget is made and presented to the commissioners in May: Provided, noth-ing
in this section shall prevent the county board of education from assum-ing
the entire expense of erecting said building or buildings in any district
of the county.
All loans made to such districts, under the provisions of this act, shall be
made upon the written petition of a majority of the committee, or board of
trustees, of the said district asking for the loan and authorizing the county
board of education to deduct a sufficient amount from the local taxes or
other funds belonging to said district, other than the teachers' salary fun'd,
to meet the indebtedness to the county board of education. Otherwise, the
county board of education shall have no lien upon the local taxes for tTie re-payment
of this loan: Provided, this lien shall not lie against taxes col-lected
or hereafter levied to pay interest and principal on bonds issued by
the authority of any district.
Sec. 8. Upon the completion of project for which the loan was made, the
county board of education, upon blanks prepared for this purpose, shall file
with the the State Board of Education an itemized sworn statement of all
expenditures on said project, including the loan from the State and all other
funds invesed in such building. Members of the county board of education
and the county superintendent refusing or failing to make such report or
authorizing the expenditure of said loan otherwise than upon the specific
project, set forth in the approved application, or otherwise than as set out
in the plans and specifications, approved by the State Board of Education,
except upon the written approval of the State Board of Education, shall be
severally guilty of a misdemeanor, punishable by a fine or imprisonment, or
both, in the discretion of the court.
Sec. 9. All laws and clauses of laws in conflict with this act are hereby
repealed.
Sec. 10. This act shall be in full force and effect from and after the date
of its ratification.
Ratified this 9th day of March, 1927.
1927, c. —
.
19
AN ACT TO RATIFY ANI) VALIDATE ENLARGEMENTS OF SPECIAL
CHARTER SCHOOL DISTRICTS AND THE VOTING OF BONDS
THEREIN UNDER CERTAIN CIRCUMSTANCES.
Whereas, doubts have arisen as to the legality of the enlargement of special
charter school districts because of the alleged non-compliance in many cases
with requirements of law respecting the adoption of a county-wide plan of
school organization and the assumption or non-assumption of indebtedness
and other conditions; and
Whereas, doubts have for like reasons arisen as to the legality of bond
elections held in such enlarged school districts and as to the validity of
bonds voted at such elections; and
Whereas, it is deemed advisable and for the interest of the public schools
that such enlargements and the voting of such bonds be ratified and validated
in all cases in which certain conditions have been or shall within a reason-able
time be fulfilled; now, therefore
The General Assembly of Isfortli Carolina do enact:
Section 1. In all cases in which an enlargement or attempted enlarge-ment
of a special charter school district has been made since January one,
one thousand nine hundred twenty-three so as to make such district coterm-inous
with a city which had formerly been coterminous with such district but
which had been enlarged b3 annexation of territory without a corresponding
annexation of territory to the district, such enlargement of such district is
hereby validated and ratified as of the date upon which such enlarged dis-trict
began to function as such, provided such enlargement was in accordance
with a county-wide plan of organization of schools adopted under the provi-sions
of section 73a of chapter 136, Public Laws of one thousand nine hundred
twenty-three, or in which, although not in accordance with such county-wide
plan a county-wide plan was thereafter adopted or shall be adopted before
the first day of January one thousand nine hundred twenty-eight with which
plan such enlargement shall be in accord: Provided, hotoever, that a majority
01 the qualified voters of such enlarged district have heretofore voted or shall
vote before the first day of January one thousand nine hundred twenty-eight
for the levy of a tax to supplement the constitutional six months' school
term and to assume all indebtedness incurred by school districts which in
whole or in part are within said enlarged district. It shall not be necessary
tiiat the vote for such maintenance tax shall have been or shall be taken at
the same election, if a majority of the voters in each school district and a
majority of the voters in that part of each school district within the territory
added to such special charter district have voted or shall vote in favor of a
maintenance tax at the same rate as the maintenance tax theretofore voted
within such special charter school district.
Sec. 2. All elections held throughout any such enlarged special charter
school district at which a majority of the voters therein voted for the fssu-ance
of bonds are hereby validated and ratified.
Sec. 3. All new registrations of voters for the purpose of any of the elec-tions
heretofore held and referred to above which were made in substantial
20
conformity with provisions of article 17, chapter 136, Public Laws of one
thousand nine hundred twenty-three, are hereby validated and ratified
Sec. 4. This act shall be in force from and after its ratification.
Ratified this 7th day of March, 1927.
1927, c. —
.
AN ACT TO PKOVIDE FOE THE CREATION OF SCHOOL DISTRICTS.
The General Assembly of North Carolina do enact:
Section 1. It shall be lawful to create school districts, whether the same
be enlargements of existing school districts or not, in the manner provided
by this act.
Sec. 2. Such school districts, herein sometimes termed new districts, may
comprise any part or all of one or more existing school districts including
special charter school districts, which comprised districts and comprised
parts of districts are herein sometimes termed component districts or com-ponent
parts of districts: Provided, however, that no new district shall be
created under this act, nor shall any division of an existing school district
be made hereunder, except in accordance with a county-wide plan of organi-zation
of schools adopted under the provisions of the general law; and pro-vided
further that the total number of school districts in the county shall
not be increased thereby; and i^rovided, further, that no special charter dis-trict
or part thereof shall be included in any new school district created
under this act unless the governing body thereof, such governing Fody being
in this act termed the Board of Trustees, shall consent thereto by resolution
passed and recorded.
Sec. 3. The creation of any such new district may be ordered by the
County Board of Education in accordance with such county-wide plan, but
no such new district shall be deemed created or in existence unless and until
a uniform tax rate and the assumption of existing debt shall be voted as
hereinafter required.
Sec. 4. Upon certification to the Board of County Commissioners, or it
case the territory in which the vote is to be taken lies entirely within a city
or town upon certification to the governing body of such city or town, such
board or body shall call and hold an election for voting a local tax to supple-ment
the funds provided for the maintenance of the minimum school terra
under the constitution, at which election there shall be submitted to the
voters of the entire new district the question of whether a maximum rate of
tax, which shall not exceed fifty cents (50c) on the one hundred dollars of
assessed valuation, shall annually be levied upon the entire district; Pro-vided,
hoioever, that in lieu of submitting such question to the voters 61 the
entire new district at one election, there may be submitted to the voters of
any component district or districts or component part or parts of a district
separately or in combination the question of whether there shall be levied
annually upon such district, districts, part or parts a maximum rate of tax
at the same rate, not exceeding fifty cents (50c) on the one hundred dollars
of assessed valuation, which was theretofore voted by any other component
district or districts component part or parts of the new district.
21
Sec. 5. At the same or at another election, the said hoard or body shall
submit to the voters of the entire new district the question of whether the
new district shall assume (a) the outstanding debt of every component
school district and (b) the outstanding debt of every school district any part
of which shall be a component part of the new district, or, if any such debt
was not incurred for permanent school improvements within the new "district,
such portion of such debt as the assessed valuation of taxable property in
such component part bears to the assessed valuation of taxable property in
the indebted district and (c) the outstanding city, town and township debt
incurred for permanent school improvements within the new district. The
foregoing requirements for debt assumption shall not apply to any debt
which a county has assumed or for the payment of which the General Assem-bly
shall have made other provisions.
Sec. 6. A new registration of qualified voters may be ordered for the elec-tions
herein provided and such registrations and elections shall be conducted
in accordance with the provisions of the general law for the voting of local
school taxes, except as herein otherwise provided, and the Australian Ballot
Act of one thousand nine hundred and twenty-seven shall not apply thereto.
Sec. 7. The officers appointed to hold the elections in making returns of
the result thereof shall incorporate therein not only the number of votes cast
for and against the question submitted, but also the number of voters regis-tered.
The board or body holding the election shall canvass the returns and
shall include in their canvass the votes cast for and against the question sub-mitted
and the number of voters registered, and shall determine and declare
the result of the election.
Sec. 8. Such board or body shall prepare a statement showing the number
of votes cast for and against each question submitted and the number of
voters registered and declaring the result of the election, which statement
shall be signed by a majority of the members of such board or body and de-livered
to the clerk thereof who shall record it in the minutes of the board or
body and file the original at his office and publish it once in a newspaper
published in the State and circulating within the new district, whichnnews-paper
shall be one published in the new district if one be there published,
but otherwise shall be one published in the county if one be published in
the county.
Sec. 9. No right of action or defense founded upon the invalidity of the
election shall be asserted, nor shall the validity of the election be opened
to question in any court upon any grounds whatever, except in an action or
proceedings commenced within thirty days after publication of such state-ment.
Sec. 10. If at such election or elections a maximum maintenance tax of
the same rate shall have received the votes of a majority of the qualified
electors in the entire new district, and if the assumption of all the indebted-ness
as herein required shall have received the .votes of a majority of the
qualified voters of the entire new district, the County Board of Education
shall pass and record upon its minutes a resolution declaring that the new
district shall come into existence upon a day to be named in such resolution
not later than the first day of the next July.
Sec. 11. If the new district shall embrace the whole of any special charter
district or if, embracing the whole of two or more special charter "districts,
22
the boards of trustees of such special charter districts shall by recorded
resolutions passed not later than the day upon which the new district shall
come into existence as hereinabove provided, agree upon one of such special
charter districts as the district which shall be deemed enlarged, the new
district shall be deemed an enlargement of such special charter district and.
shall be conducted and governed in accordance with the charter thereof
and other laws applicable thereto. In all other cases the new district shall
be a local tax district.
Sec. 12. When the new district shall come into existence as hereinabove
provided, all school property real and personal within the same, except
property maintained by the county for other than district purposes the debt
for which property has not been assumed by the new district, shall automat-ically
pass in the case of a new special charter district to the board of trus-tees
thereof, and in the case of a local tax district, to the County Boarfl of
Education for the use of the district, but it shall nevertheless be the duty of
all boards and bodies holding any such property to convey the same formally
by deed and other proper conveyance and every such deed shall be promptly
recorded.
Sec. 13. In all cases in which a new school district has been attempted
to be created since January first, one thousand nine hundred twenty-three,
embracing a part or all of one or more existing school districts, such creation
is hereby validated and ratified as of the date upon which such new district
began to function as such, provided such creation was in accordance with
the county-wide plan of organization of schools adopted under Ihe provisions
of section seventy-three a, chapter one hundred thirty-six. Public Laws of
one thousand nine hundred twenty-three, or in which although not in ac-cordance
with such county-wide plan, such county-wide plan was thereafter
adopted or shall be adopted before the first day of July, one thousand nine
hundred twenty-seven, with which plan such creation shall be in accord;
Provided, however, that a majority of the qualified voters of such new dis-trict
shall have heretofore voted or shall vote before the first day of January
one thousand nine hundred twenty-eight, for such levy of maintenance tax
and such assumption of debt as are herein required to be voted for the crea-tion
of the new district; and in all such cases all new registrations of voters
which were made for the purpose of any such elections made in substantial
conformity with the provisions of article 17, chapter 136, Public Laws of
one thousand nine hundred twenty-three, are hereby validated and ratified,
and all elections held throughout any such new district at which a majority
of the voters therein have voted for the issuance of bonds are hereby vali-dated
and ratified.
Sec. 14. This act shall be in force from and after its ratification.
Ratified this 7th day of March, 1927.
1927, c. —
.
AN ACT ESTABLISHING "THE OLD NORTH STATE" AS THE STATE'S
OFFICIAL SONG FOE NORTH CAROLINA.
Whereas, the last State convention of the North Carolina Daughters of the
Confederacy appointed a committee to investigate the advisability of adopt-ing
"The Old North State" as the State's oflScial song; and,
23
Whereas, the said committee of the North Carolina Division of the United
Daughters of the Confederacy has requested the General Assembly of the
State of North Carolina, by appropriate legislation, to adopt said song writ-ten
by Hon. William Gaston as the State's official song; now, therefore.
The General Assem'bly of North Carolina do enact:
Section 1. That the song known as "The Old North State", as herein-after
written, be and the same is hereby adopted and declared to be the
official song of the State of North Carolina, said song being in words as
follows
:
Carolina! Carolina! Heaven's blessings attend her!
While we live we will cherish, protect and defend her;
Though the scorner may sneer at and witlings defame her.
Our hearts swell with gladness whenever we name her.
Hurrah! Hurrah! The Old North State forever!
Hurrah! Hurrah! the good Old North State!
"Though she envies not others their merited glory,
Say, whose name stands the foremost in Liberty's story?
Though too true to herself e'er to crouch to oppression,
Who can yield to just rule more loyal submission?
"Plain and artless her sons, but whose doors open fastei
At the knock of a stru,nger, or the tale of disaster?
How like to the rudeness of their dear native mountains,
With rich ore in their bosoms and life in their fountains.
"And her daughters, the Queen of the Forest resembling
—
So graceful, so constant, yet to gentlest breath trembling;
And true lightwood at heart, let the match be applied them,
How they kindle and flame! Oh! none know but who've tried them.
"Then let all who love us, love the land that we live in
(As happy a region as on this side of Heaven),
Where Plenty and Freedom, Love and Peace smile before us.
Raise aloud, raise together, the heart-thrilling chorus!"
Sec. 2. That all laws and clauses of laws in conflict with the provisions
of this act are hereby repealed.
Sec. 3. That this act shall be in force and effect from and after its rati-fication.
Ratified this 18th day of February, 1927.
' 1927, c. —
.
AN ACT TO PROYIDE FOE GIVING PUBLICITY TO HIGHWAY TRAFFIC
LAWS THROUGH THE PUBLIC SCHOOLS.
The General Assembly of North Carolina do enact:
Section 1. That the State Highway Commission shall cause to he pre-pared
a digest of the traffic laws of the State suitable for use in the public
schools of the State and have the same published in pamphlet form and
24
delivered on or before the first day of August, one thousand nine hundred
and twenty-seven, to the State Superintendent of Public Instruction, a suffi-cient
number of said pamphlets to supply at least one copy each to all the
public high school teachers of the State.
Sec. 2. That the State Superintendent of Public Instruction shall cause
to be delivered to the superintendents or principals of the various high
schools of the State sufficient number of said pamphlets to supply one to
each of the teachers engaged for said schools.
Sec. 3. That the superintendents or principals, or other persons in charge
of the public high schools of the State shall cause the contents of said
pamphlets to be brought to the attention of all the children in attendance
upon the said high schools in the form of lessons of at least one each week
until the entire contents of said pamphlets have been read and explained.
Sec. 4. That this practice shall be continued during each school year and
the State Highway Commission is directed annually on or before the first
Monday of August, to supply, as hereinbefore provided, such additional copies
of the said pamphlet, having the same revised from time to time to meet
any amendments of the traffic laws of the State, as the State Superintendent
of Public Instruction may ascertain and report to the State Highway Com-mission
to he necessary.
Sec. 5. That this act shall be in force from and after its ratification.
Ratified this the 9th day of March, 1927.
1927, c. —
.
AN ACT TO PROVIDE FOR FIRE DRILLS IIV THE PUBLIC SCHOOLS IN
NORTH CAROLINA.
The General Assembly of No7~th Carolina do enact:
Section 1. Amend section five thousand five hundred and forty-two of the
Consolidated Statutes by adding after the word "Provide" in line two of said
section the following: "A pamphlet containing printed instructions for prop-erly
conducting fire drills in schools, and the superintendent or principal of
every public school in this State shall conduct at least one fire drill every
month during the regular school session, such fire drills to include all chil-dren
and teachers and the use of all ways of egress, and the Insurance Com-missioner
and Superintendent of Public Instruction shall further provide":
Provided, this amendment shall not apply to schools taught in one-story
houses.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 6th day of March, 1925.
1925, c. 130.
25
AlV ACT TO PROTECT SCHOOL CHILDREIV RIDIJfG IN PUBLIC SCHOOL
BUSSES UPOJf THE PUBLIC ROADS AlfD HIGHWAYS OF THE
STATE.
The General Assemlyly of North Carolina do enact:
Section 1. That no person operating any motor vehicle on the public
roads shall pass, or attempt to pass, any public school bus while the same is
standing on the said public roads taking on or putting off school children,
without first bringing said motor vehicle to a full stop at a distance not less
than fifty feet from the said school bus.
Sec. 2. That any person violating the provisions of this act shall be guilty
of a misdemeanor, and upon conviction shall be fined not to exceed fifty dol-lars,
or imprisoned not to exceed thirty days.
Seo. 3. That all laws and clauses of laws in confiict with the act are
hereby repealed.
Sec. 4. That this act shall be in force and effect from and after its ratifi-cation.
Ratified this the 10th day of March, 1925.
.1925, c. 265.
AlV ACT TO REGULATE THE SPEED OF BUSSES CARRYING SCHOOL
CHILDREN.
The General Assembly of North Carolina do enact:
Section 1. That any person operating a bus carrying school children to
or from the schools of this State who shall travel at a greater rate of speed
than twenty-five miles per hour. along any public street or public highway
in the State of North Carolina shall be guilty of a misdemeanor, and shall
be punished by a fine not in excess of the sum of fifty dollars.
Sec. 2. That this act shall be in force from and after its ratification.
Ratified this the 10th day of March, 1925.
1925, c. 297.
AN ACT TO PROVIDE FOR RECORDING IN THE OFFICE OF THE STATE
AUDITOR STATEMENTS CONCERNING BONDS AND NOTES OF
COUNTIES, TOWNSHIPS, SCHOOL DISTRICTS, MUNICIPAL CORFO-RATIONS,
AND TAXING DISTRICTS, AND MAKING EFFECTUAL
THE MEANS OF PAYMENT PROVIDED FOR SAID SECURITIES AND
TO PROVIDE FOR SUPERVISION OF SUCH MEANS BY THE STATE
AUDITOR, AND MAKING NONCOMPLIANCE WITH CERTAIN PARTS
OF THIS ACT A MISDEMEANOR AND VIOLATION OF CERTAIN
PARTS THEREOF A FELONY AND PROVIDING PENALTIES AND
REPEALING CHAPTER 100, PUBLIC LAWS OF 1925.
Whereas, the default in payment for a single day of the interest or prin-cipal
of bonds or notes issued by any county, township, school district, munic-ipal
corporation, or taxing district results not only in discredit \o the obliger
but is often interpreted by bondholders and investors as a reflection upon the
26
credit of the State itself and all of its municipalities and political sub-divisions;
and
Whereas, in order to remedy such conditions it is imperative to provicle
State supervision of the means and methods for payment of such principal
and interest promptly as the same fall due; now, therefore.
The General Assembly of North Carolina do enact:
Section 1. This act shall be known and may be cited as "The Public
Securities Recording Act."
Sec. 2. On or before July first, one thousand nine hundred and twenty-seven,
it shall be the duty of the clerk or secretary or other recording officer
of each board in the State of North Carolina which shall theretofore
have authorized the issuance of county, township, school district, taxing dis-trict
or municipal bonds or notes, except as otherwise provided in section
three of this act, to file with the State Auditor a statement giving the name
and amount of such bonds or notes then outstanding, regardless of what may
have been the time fixed for the payment thereof, and giving also their date,
the time fixed for payment of principal and interest, the rate of interest, the
place or places at which the principal and interest are payable, the denomi-nation
and the purpose of issuance. The statement shall also contain the
name of the board in which is vested the authority and power to levy the
taxes for the payment of the principal and interest of said bonds or notes,
and a reference to the law under which said bonds or notes are issued. The
State Auditor shall record the substance of such statements in a book or books
to be provided for that purpose.
Sec. 3. In all cases in which such statements have heretofore been filed
with the State Auditor, no further statements as to the same bonds or notes
shall be required to be filed under this act; and in order to acquaint the offi-cers
required to file such statements with the facts as to previous filing,
it shall be the duty of the State Auditor, not later than May first, nineteen
hundred and twenty-seven, to cause to be printed a list or lists giving such
description as he may deem necessary and sufficient of all bonds and notes
which have been covered by statements filed prior to his printing of such
lists, and to mail such printed list or lists, or such part thereof as the State
Auditor may deem necessary and sufficient, to each officer required to file
statements under section two of this act, together with a copy of tETs act
and a statement of the duty of such officer under secion two of this act.
Sec. 4. It shall be the duty of the recording officer of every governing
body or board which shall hereafter authorize any bonds or notes of a county,
township, school district, municipality or taxing district, regardless of what
may be the time fixed for the payment thereof, to file with the State Auditor
a statement giving the name and amount of the bonds or notes so authorized,
their date, the time fixed for payment of principal and interest, the rate of
interest, the place or places at which the principal and interest will be pay-able,
the denomination, and the purpose of issuance, the said statement shall
also contain the name of the board in which is vested the authority and
power to levy the taxes for the payment of the principal and interest of such
bonds or notes, and a reference to the law under which such bonds or notes
are to be issued, and shall recite that all proceedings of the governing body
or board in authorizing such bonds or notes have been prior to such state-
27
ment and then are correctly recorded in a bound book containing minutes
and proceedings of sucli body or board. Such statement of bonds or notes
maturing one year or less than one year after the date of such bonds or
notes, shall be filed not later than thirty days after the delivery thereof for
value, but if such bonds or notes have a maturity of more than one year
from their date or have no fixed maturity, such statement shall be filed
before any of such bonds or notes are delivered for value, and no such bonds
or notes maturing after one year from their date or having no fixed maturity
shall be valid until such statement shall have been filed. The State Auditor
shall record the substance of such statements in a book or books to be pro-vided
for that purpose, and upon request of such recording ofiicer shall issue
certificate to the effect that the statement required by this act has been filed,
and such certificate shall be conclusive evidence of the fact of filing in any
action or dispute in relation to the validity of such bonds or notes. It shall
be the further duty of such recording officer to make and keep in a perma-nent
record book a complete record of all such bonds and notes as and when
the same are issued, such record to contain at least the information herein
required to be furnished by such recording officer to the State Auditor, whose
duty it shall be to furnish to every such recording officer information and
forms for such record, but it shall not be obligatory upon any such recording
officer to use the forms so furnished if other forms to be used by which the
provisions of this section may be complied with.
Sec. 5. It shall be the duty of the State Auditor to prepare and furnish
to all counties, townships, school districts, taxing districts and municipal
corporations throughout the State blank forms upon which such statements
may be made, and to keep the statements made pursuant to this law in proper
file properly indexed.
Sec 6. It shall be the further duty of the State Auditor to mail to the
recording officer of each board having the power to levy taxes for the pay-ment
of the principal or interest of the obligation as to which statements have
been so filed, at least thirty days before the time for the levy of taxes in each
year, a statement of the amount to be provided by taxation or otherwise
for the payment of the interest accruing upon such bonds or notes within
the following year and for the payment of the bonds then maturing.
Sec. 7. It shall be the further duty of the State Auditor to mail to the
treasurer or other disbursing officer of every county, township, school dis-trict,
municipality and taxing district as to which statements have b"een so
filed, at least thirty days before each date upon which any installment of
principal or interest of bonds or notes described in any such statement be-comes
payable, a statement of the amount of such payment to be made and
the place of payment and a reference to the obligation upon which such pay-ment
is required.
Sec. 8. If any board whose duty it shall be to provide for the payment
by taxation, or otherwise, of the principal or interest of any such bonds or
notes mentioned in sections two and four of this act shall fail or refuse to
make provision for such payment by the levy of such taxes as are authorized
to be levied therefor, or otherwise, at or before the time provided for such
tax levy, or to make other legal provision for payment, any member thereof
who shall be present at the time for such levy or provision who shall not
have voted in favor thereof, or who shall not have caused his request that
28
such tax levy or provision be made to be recorded in the minutes of the
meeting, shall be guilty of a misdemeanor and shall be fined not more than
one thousand ($1,000) dollars or imprisoned not longer than one (1) year,
or both, in the discretion of the court.
Sec. 9. If any officer whose duty it shall be to pay any of such principal
or interest or to remit for such payment to the promised place for the pay-ment
thereof shall have funds for such payment at his disposal but shall
fail or refuse so to do in sufl[icient time and in sufficient amount for such
payment, whether or not such payment or remission for payment shall have
been ordered or forbidden by any board or officer, the officer so failing or
refusing shall be guilty of a misdemeanor and shall be fined not more than
five hundred ($500) dollars or imprisoned not longer than six (6) months,
or both, in the discretion of the court.
Sec. 10. Any member of any board who shall knowingly vote for any ap-propriation
of money raised by taxation or otherwise for the payment of the
interest and principal or sinking fund of any such bonds or notes to any
other purpose until all of such principal and interest shall have been paid,
and any disbursing officer who shall knowingly pay out any of such" money
for any other purpose than the payment of such principal and interest until
all of such interest and principal shall have been paid, whether or not Sue's
payment shall have been ordered or forbidden by any board or officer shall be
guilty of a felony and be fined not more than five thousand ($5,000) dollars
or imprisoned not more than five (5) years, or both, in the discretion of the
court.
Sec. 11. If any officer whose duty it shall be to file any statement required
by section two of this act shall fail or refuse to file such statement by July
the first, nineteen hundred and twenty-seven, or if any officer whose duty it
shall be to file any statement required by section four of this act or to make
and keep any record required by this act shall fail or refuse to file such state-ment
or to make and keep such record within the time prescribed therefor
by this act, the officer so failing or refusing shall be guilty of a misdemeanor
and shall be fined not more than five hundred ($500) dollars or imprisoned
not longer than six (6) months, or both, in the discretion of the court.
Sec. 12. If any officer of whom duties are required by this act, shall
knowingly make or certify any false statement in any certificate or state-nient
required by this act, he shall be guilty of a misdemeanor and shall be
fined not more than one thousand ($1,000) dollars or imprisoned not longer
than one (1) year, or both, in the discretion of the court.
Sec. 13. If the State Auditor or any officer or any member of a board upon
whom duties are imposed by this act, shall violate the same or any part
thereof, or shall fail to comply with the same or any part thereof, such State
Auditor, officer or member, in addition to the pains and penalties herein
above provided as to such officer or member, shall forfeit and pay to the
State of North Carolina for the benefit of the School Fund of the State the
amount of two hundred ($200) dollars for each such violation or failure,
to be recoverable by suit. If the State Auditor shall have knowledge of any
such violation or failure on the part of any such officer or member, or if the
same shall be brought to his attention, it shall be the duty of the State
Auditor to bring the same to the attention of the solicitor of the proper dis-
29
trict. It shall be the duty of such solicitors to prosecute the State Auditor
or any such officer or member within his district. If any solicitor shall fail
so to prosecute, the Attorney General shall prosecute.
Sec. 14. The statements which the State Auditor is herein required to
mail under sections five and six and seven of this act shall be accompanied
by statements of the provisions of this act as to penalties and forfeitures and
misdemeanors and felonies.
Sec. 15. All laws or parts of laws in conflict herewith are hereby repealed,
and especially chapter 100, Public Laws of 1925, but such repeal shall not
have the effect of reviving chapter 1, Public Laws of 1921, Extra Session,
or chapter 123, Public Laws of 1923.
Sec. 16. This act shall be in force from and after its ratification.
Ratified this 9th day of March, 1927.
1927, c. —
.
AlV ACT TO PBOVIDE FOR REGISTRATIOJf IJf THE NAME OF THE
OWNER OF BONDS OF COUNTIES, CITIES, TOWNS, SCHOOL DIS-TRICTS,
AND SCHOOL TAXING DISTRICTS.
The General Assembly of North Carolina do enact:
Section 1. That this act shall be known as "The Municipal Bond Regis-tration
Act."
Sec. 2. That each county, city, town, school district and school taxing dis-trict
which has issued or shall hereafter issue bonds in its own name, and
each county, city, and town which has issued or shall hereafter issue bonds
in behalf of a school district or school taxing district, is hereby authorized
to keep in the office of its treasurer or financial agent or its clerk, or in the
office of the bank or "trust company appointed by its governing body as bond
registrar, a register or registers for the registration as to principal of
such bonds in the name of the owner thereof, in which it may register any
such bond as to principal at the time of its issue, or at the request of the
holder thereafter. Such registration shall not affect the payment of interest,
but such interest shall continue to be made upon the presentation and sur-render
of interest coupons if issued, but after such registration as to prin-cipal,
the principal shall be payable to the person in whose name registered
or to the person in whose name the bonds registered may^ be transferred
on such register by the registered owner in person or by attorney, upon pres-entation
to the bond registrar, accompanied by delivery of a written
instrument of transfer in a form approved by the bond registrar, executed by
the registered owner : Provided, however, that a registered bond may be
discharged from registry by a transfer to bearer registered as herein pro-vided.
Upon the registration or transfer of a bond as aforesaid, the bond
registrar shall note such registration or transfer on the back of the bond.
Sec. 3. That the powers herein granted are not in substitution of existing
powers but in addition thereto.
Sec. 4. That this act shall be in force and effect from and after its rati-fication.
Ratified this the 6th day of March, 1925.
1925, c. 129.
30
AN ACT TO AUTHORIZE DISBURSING OFFICERS OF COUNTIES, CITIES,
TOWNS, TOWNSHIPS, SCHOOL DISTRICTS, AND SCHOOL TAXING
DISTRICTS TO PAT AND TO CONTRACT TO PAY FISCAL AGEN€Y
FEES FOR THE PAYMENT OF BONDS AND COUPONS.
The General Assembly of North Carolina do enact:
Section 1. That this act shall be known as "The Municipal Fiscal Agency
Act."
Sec. 2. That whenever any county, city, town, township, school district or
school taxing district is or shall be authorized or permitted to make pay-ments
of bonds or coupons issued by it or in its behalf at any place other
than within such county, city, town, township, school district or school
taxing district, and such bonds or coupons are by their terms payable at
such other place, it shall be lawful for the oflBcer disbursing the funds for
such payment to pay the reasonable fees of the bank, trust company or
other agency making payment at such place, and to agree to pay such fees
at a fixed rate throughout the term of the bonds as to which such payment
is to be made at such place, but no fee in excess of one-fourth of one per
cent of the amount of interest paid and one-eighth of one per cent of the
amount of principal paid shall be deemed reasonable.
Sec. 3. That this act shall be in force and effect from and after its
ratification.
Ratified this the 9th day of March, 1925.
1925, c. 195.
AN ACT TO PROVIDE FOR THE ADMINISTRATION OF THE FISCAL
AFFAIRS OF COUNTIES.
The General Assembly of North Carolina do enact:
Section 1. This act shall be known and may be cited as "The County
Fiscal Control Act."
Sec. 2. In this act, unless the context otherwise requires, certain words
and expressions have the following meanings:
(a) "Subdivision" means a township, school district, school taxing dis-trict,
or other political corporation or subdivision within a county, including
drainage and other districts, the taxes for which (taxes as here and else-where
used in this act include special assessments) are under the law levied
by the board of county commissioners of the county.
(b) "Debt Service" means the payment of principal and interest of bonds
and notes as such principal or interest falls due, and the payments of
moneys required to be paid into sinking funds.
(c) "Constitutional School Maintenance" means the maintenance of
schools for the six months term required by the State Constitution.
(d) "Department" means any division of county functions or activities.
(e) "Department Head" means the principal officer of any office, board,
commission, institution, or branch of the county government in charge of
a department.
31
(f) The "Fiscal Year" is the annual period for the compilation of fiscal
operations, and begins on the first day of July and ends on the thirtieth
day of June.
(g) "Surplus Revenues" means revenues in excess of the estimated reve-nues
against which an appropriation is made, and arises when actual
revenues exceed estimated revenues at the end of a fiscal year.
(h) "Unencumbered Balance" means the balance of an appropriation after
charging thereto all obligations for goods and services' and all contracts or
agreements payable from the appropriation, and all payments made from
the appropriation except payments of such obligations, contracts, or agree-ments
already charged against the appropriation.
(i) "Fund" means the separate fund or account provided for a distinct
function of government, as such functions are shown in (j) below.
(j) The funds required by this act are funds for each of the following
functions of government:
(1) Current operating expense of the county.
(2) Constitutional school maintenance.
(3) County-wide school expenses over and above constitutional school
maintenance.
(4) County debt service.
(5) County roads.
(6) Each special purpose to which the General Assembly has given its
special a:pproval, separately stated.
(7) Debt service of each subdivision, separately stated.
(8) Maintenance of each subdivision, separately stated.
(9) Permanent improvements in each subdivision, separately stated.
Sec. 3. It shall be the duty of the board of county commissioners in each
county in the State, on or before the first Monday in April, one thousand
nine hundred and twenty-seven, and biennially thereafter, to appoint some
person of honesty and ability, who is experienced in modern methods of
accounting, as county accountant, to hold such office at the will of the board,
or until the appointment of his successor; but in lieu of appointing a count:
accountant in counties in which there is an auditor, the board shall impose
and confer upon the county auditor all the powers and duties herein im-posed
and conferred upon county accountants, and in any county of the
State in which there is no auditor, the board may impose and confer such
powers and duties upon any county officer, except the sheriff or the tax
collector or thj county treasurer, or any person or bank acting as county
financial agent or performing the duties ordinarily performed by a county
treasurer or county financial agent. If such duties and powers are imposed
or conferred upon any officer of the county, the board may revise and adjust
the salary or compensation of such officer in order that adequate compensa-tion
may be paid to him for the duties of his office. Wherever in this act
reference is made to the county accountant, such reference shall be deemed
to include either the person appointed as county accountant or the officer
upon which the duties thereof are imposed.
Sec. 4. In addition to the duties imposed and powers conferred upon the
county accountant by this act, he shall have the following duties and powers
:
32
(a) He shall act as accountant for the county and subdivisions in settling
with all county oflBcers.
(b) He shall keep a record of the date, source, and amount of each item
of receipts, and the date, the payee or contractor, the specific purpose, and
the amount of every disbursement or contract made.
(c) He shall require every ofllcer and department receiving or disbursing
money of the county or its subdivisions to keep a record of the date, source,
and amount of each item of receipts, and the date, the payee or contractor,
the specific purpose, and the amount of every disbursement or contract made,
and shall require the officer or department to keep a copy of such contract.
(d) He shall examine once a month, and at such other times as the board
may direct, all books, accounts, receipts, vouchers, and other records of all
county officers and employees and departments of the county administration
receiving or expending public money, including the road commission, iT
there is such commission in the county, the county board of education and
other subdivisions.
(e) He shall require all officers and employees in the county whose duty
it is to collect fines, penalties, and other money to be applied to public pur-poses,
to file with him each month, or oftener if the board so directs, a
report showing amounts collected by such officers, including a report of all
fees collected for the performance of their duties, whether they are entitled
to such fees as the whole or a part of their compensation, or are not entitled
to the same.
(f) He shall once a year, or as often as he may be directed by the board
of county commissioners, file with the board a complete statement of the
financial condition of the county and subdivisions, showing the receipts
and expenditures of the different departments of the county and its sub-divisions,
including the department of public roads and the department of
public schools.
(g) He shall advise with the different officers and departments of the
county and with State officers as to the best and most convenient method of
keeping accounts, and he shall inform himself as to the best and simplest
methods of keeping accounts, so as to bring about as far as possible a simple,
accurate, and uniform system of keeping accounts of the county and sub-divisions.
He shall not allow any bill or claim unless the same be itemized
and verified as now required by law.
(h) He shall perform such other duties having relation to the purposes
of this act as may be imposed upon him by the board of county commis-sioners.
Sec. 5. It shall be the duty of all heads of departments and officers in
charge of the functions for which county money or money of subdivision is
to be expended to file with the county accountant, before the first day of
June of each year: (a) a complete statement of the amounts expended and
estimated to be expended for each object in his department in the current
fiscal year, and (&) beginning in the year one thousand nine hundred an3
twenty-eight, a statement of the amounts expended for each object in his
department in the fiscal year preceding the then current fiscal year, and
(c) an estimate of the requirements of his department for each object in the
ensuing fiscal year. Such statements and estimates shall list each object of
33
disbursement under the appropriate class of functions as defined in section
two of this act.
Sec. 6. Upon receipt of such statements and estimates, the county ac-countant
shall prepare: (a) his estimate of the amounts necessary to be
appropriated for the next ensuing fiscal year for the different objects of the
county and subdivisions, listing each object of disbursement under the
appropriate class of functions as defined in section two of this act, which
estimate shall include the full amount of any deficit in any fund, and may
include an emergency estimate for each fund not greater than 5 per cent
in excess' of other estimates for such fund, and (h) an itemized estimate of
the revenue to be available during the ensuing fiscal year, separating revenue
from taxation from revenue from other sources, classifying the same under
proper funds as defined in section two of this act, and (c) an estimate of
the amount of unencumbered and surplus revenues of the current fiscal year
in each fund. Such estimates and statements of the county accountant shall
be termed the "Budget Estimate," and shall be submitted to the board not
later than the first Monday of July of each year.
Se3C. 7. Immediately upon the submission of the budget estimate, and at
least twenty days before the adoption of the appropriation resolution, the
board shall: (a) file the budget estimate in the office of the clerk of the
board, where it shall remain for public inspection, and (b) furnish a copy
of the budget estimate to each newspaper published in the county, and
(c) cause to be published in at least one newspaper published in the county
a summary of the budget estimate, showing at least the total appropriation
recommended for each separate fund or function as defined in section two
of this act: Provided, hoivevei-, that if no newspaper be published in the
county, such summary shall be posted at the courthouse door and at least
three other public places in the county at least twenty days before the
passage of the appropriation resolution.
Sec. 8. It shall be the duty of the board of county commissioners, not
later than the fourth Monday in July in each year, to adopt and record on
its minutes an appropriation resolution, the form of which shall be pre-scribed
by the county accountant, which resolution shall make appropria-tions
for the several purposes of the county and subdivisions thereof, upon
the basis of the estimates and statements submitted by the county account-ant,
such sums as' the board may deem sufl[icient and proper, whether greater
or less than the recommendations of the budget estimates: Provided, how-ever,
that (a) no appropriation recommended by the county accountant for
debt service shall be reduced, and (&) the powers given by the general law
to the county board of education and county commissioners jointly, in respect
to the determination of the amount to be raised or expended for the main-tenance
of the six months school term, shall be observed by the county
accountant and by the board of county commissioners, and (c) the board
shall appropriate the full amount of all lawful deficits reported in the budget
estimate not funded as provided by law, and {d) no appropriation shall be
made in excess of the amount which may be raised under any constitutional
or statutory limits of taxation.
Sec. 9. A copy of the appropriation resolution shall be filed with the
county treasurer or other officer or agent performing the functions ordi-
34
narily assigned to the county treasurer, and another copy thereof shall be
filed with the county accountant, both copies as so filed to be kept on file
for their direction in the disbursement of county funds.
Sec. 10. As soon as practicable after the first Monday in July, and before
any levy of taxes is made, the county accountant shall submit to the board
a supplemental budget showing: (a) the amount of any increase or decrease
in each item of (1) deficits and (2) unencumbered balances and (3) surplus
revenues as reported by him in the budget estimate, and (6) the amount
of miscellaneous revenues collected in the preceding year from sources other
than taxation, this amount to be separately classified as to funds and func-tions,
and (c) an estimate of the amount of taxes for the current fiscal year
which will not be collected in the same year, such estimate to be an average
computed mathematically by adding together the amount of the taxes of
each of the three preceding fiscal years which remained unpaid at the end of
such fiscal years, respectively, including land sales to the county, and dividing
the sum thereof by three. Upon the submission of the figures showing
increase or decrease in deficits, the appropriation resolution shall be deemed
automatically amended by adding such increase to or subtracting such
decrease from the amount appropriated for the fund or function to which
such deficit pertains, and it shall be the duty of the clerk to record the
amount of increase or decrease on the margin of the recorded appropriation
resolution. The figures of the supplemental budget showing increases or
decreases in unencumbered balances and surplus revenues, and showing
the amount of miscellaneous revenues collected in the preceding fiscal year
from sources other than taxes, and showing the estimate of taxes uncol-lectible
in the current fiscal year, shall not affect the appropriation resolu-tions,
but shall be taken into consideration in the levy of taxes as herein-after
provided.
Sec. 11. Simultaneously with the submission of the supplemental budget,
the county accountant shall prepare and cause to be published in a news-paper
published in the county, or if no newspaper be published in the
county, then by posting at the courthouse door and at least three other
public places in the county, a statement of the financial condition of the
county, containing such figures and information as the county accountant
may consider it advisable to publish, which statement as so published or
posted shall contain the figures showing at least the following items:
(a) The assessed valuation for the current year, unless the same shall
not have been finally ascertained, in which case the assessed valuation of
the preceding year shall be given.
(b) An itemized statement of the debt of the county and its subdivisions.
(c) The amount and rate of the taxation levied for the preceding fiscal
year, whether collected or not.
(d) Amount of taxs, including land sales, for each of the three preceding
fiscal years which remained uncollected at the end of such years, respect-ively,
and the average thereof, and the amount of such uncollected taxes
which were collected by the close of the preceding- fiscal year.
(e) Miscellaneous revenue other than taxation for the preceding fiscal
year.
(f ) Deficits, if any, in all county funds in the aggregate for the preceding
fiscal year.
35
(g) Such deficits for each subdivision of the county.
(h) Surplus revenues of the county, and separately stated, of each of the
subdivisions of the county for the preceding year.
(i) Unencumbered balances of the county, and separately stated, of each
of the subdivisions of the county for the preceding year.
(j) The rate of taxation for county purposes and the rate for each sub-division
v^rhich he estimates it will be necessary to levy in the current fiscal
year, these rates to be computed as is provided in section tvirelve of this
act for computation of rates by the board of county commissioners.
Sec. 12. As soon as may be practicable after the passage of the appropria-tion
resolution and the automatic amendment thereof, vs^hich is hereinabove
provided, and after the ascertainment of the assessed valuation of property
for taxation, but not later than Wednesday after the third Monday in August
of each year, the board of county commissioners, by resolution to be recorded
in its' minutes, shall levy upon all the taxable property in the county, in
the case of county appropriations, and upon all the taxable property of each
subdivision in the case of appropriations for subdivisions, such rate of tax
as may be necessary to produce: (a) the sum appropriated, and (b) the
amount of the supplemental budget estimate of taxes which will not be
collectible in the current fiscal year, after taking into consideration the
figures contained in the budget estimate and supplemental budget showing
surplus revenues and unencumbered balances carried over from the pre-ceding
fiscal year and the estimated miscellaneous revenues from other
sources than taxation; but for the purpose of this computation the board
shall not estimate miscellaneous revenues at a figure greater than ten per
cent (10%) more than the actual receipts from miscellaneous revenues in
the preceding fiscal year, as reported by the county accountant in the sup-plemental
budget.
Sec. 13. No appropriation made by the appropriation resolution, except
an appropriation for general county expenses, shall be transferred from one
fund to another fund, and no appropriation for general county expenses shall
be transferred to any fund of any subdivision of the county, or vice versa.
No appropriation for general county expenses shall be transferred, except
upon the passage and recording of a resolution of the board of county com-missioners
ordering such transfer, and copies of such resolutions shall be
furnished to the county accountant and to the head of each department to
v/hich or from which such transfer shall be made.
Sec. 14. In the interval between the beginning of the fiscal year and the
adoption of the annual appropriation resolution the board may make appro-priations
for the purpose of paying fixed salaries, the principal and interest
of indebtedness, the stated compensation of officers and employees, and for
the usual ordinary expenses of the county and its subdivisions, which appro-priations
so made shall be chargeable to the several appropriations, re-spectively,
thereafter made in the annual appropriation resolution for that
year.
Sec. 15. No contract or agreement requiring the payment of money, or
requisition for supplies or materials, shall be made, and no warrant or -jrder
for the payment of money shall be drawn upon the treasury of the county,
or a subdivision, unless provision for the payment thereof has been made
36
by (a) an appropriation resolution as provided by this act, or (6) through
the means of bonds or notes duly authorized by the General Assembly and
by the board of county commissioners, and further authorized in all cases
required by law or by the Constitution, 'by a vote of qualified voters or tax-payers,
or otherw^ise; nor shall such contract, agreement or requisition be
made unless the unencumbered balance of such appropriation or provision
remains sufficient for such payment. No contract or agreement or requisi-tion
requiring the payment of money shall be valid unless the same be in
writing, and unless the same shall have printed, written, or typewritten
thereon a statement signed by the county accountant, as follows: "Provision
for the payment of the moneys to fall due under this agreement has been
made by appropriation duly made or by bonds or notes duly authorized, as
required by the 'County Fiscal Control Act.' " Such certificate shall not
however, make valid any agreement or contract made in violation of this
section. Before making such certificate, the county accountant shall ascer-tain
that a sufficient unencumbered balance of the specific appropriation
remains for the payment of the obligation, or that bonds or notes have been
so authorized the proceeds of which are applicable to such payment, and
the appropriation or provision so made shall thereafter be deemed unen-cumbered
by the amount to be paid on such contract or agreement until the
county is discharged therefrom.
Sec. 16. No claim against the county or any subdivision shall be paid
except by means of a warrant or order on the county treasurer or county
depository, signed by the head of the department for which the expense was
incurred, nor unless the hill or claim for which the warrant or order is
given shall have been presented to and approved by the county accountant,
or in case of his disapproval of such claim or bill, by the board of county
commissioners. The board shall not approve any claim or bill which has
been disallowed by the county accountant without entering upon the minutes
of the board its reason for approving the same in such detail as may show
the board's reason for reversing the county accountant's disallowance. No
warrant or order, except a warrant or order for payment of maturing bonds,
notes, or interest coupons thereto appertaining, shall be valid unless the
same shall bear the signature of the county accountant below a statement
which he shall cause to be written, printed, or typewritten thereon con-taining
the words: "Provision for the payment of this warrant (or order)
has been made by an appropriation duly made or a bond or note duly author-ized,
as required by the 'County Fiscal Control Act.'
"
Sec. 17. Accounts shall be kept by the county accountant for each object
of appropriation, which objects shall be classified under the various funds
as defined in section two of this act, and every warrant or order upon the
county treasury shall state specifically against which of such funds the
w^arrant or order is drawn; such account shall show in detail the amount
appropriated thereto, the amount drawn thereupon, the unpaid obligations
chai'ged against it, and the unencumbered balance to the credit thereof.
Sec. 18. The county accountant shall furnish bond in some surety com-pany
authorized to do business in North Carolina, the amount to be fixed
by the board of commissioners in a sum not less than five thousand dollars
($5,000.00), which bond shall be approved by the board of county commis-
37
sioners, and shall be conditioned for the faithful performance of his duties'
under this act.
Sec. 19. Every public officer and employee whose duty it is to collect or
receive any funds or money belonging to any county or subdivision thereof
shall daily deposit the same with the county treasurer or in some bank,
banks, or trust company designated by the board of commissioners, in the
name of the county and of the fund to which it is applied, and shall report
the same daily to the county accountant by means of duplicate deposit ticket
signed by the depositary. If there is no treasurer or designated depositary
in the county, then the board of commissioners may allow such deposits'
to be made every three days in some depository outside of the county. If
such officer or employee collects or receives such public moneys for a taxing
district of which he is not an officer or employee, he shall, during Saturday
of each week, pay to the proper officer of s'uch district the amount so col-lected
or received during the current week, and take receipt therefor.
The board of commissioners is hereby authorized and empowered to select
and designate annually, by recorded resolution, some bank or banks or trust
company in this State as an official depository of the funds of the county,
and the county commissioners shall require of such depository a bond in
some surety company authorized to do business in North Carolina in an
amount sufficient to protect such deposits, but in no event not less than the
average daily bank balance of the county for the preceding year; but the
board may at any time require an additional bond, in its discretion.
It shall be the duty of the board of commissioners to provide by recorded
resolution for interest to be paid on public deposits at a rate to be deter-mined
by the board of commissioners. It shall be unlawful for any public
moneys to be deposited by any officer, employee, or department, in any place,
bank, or trust company other than those selected and designated as official
depositories. Any person or corporation violating the provisions of this
section or aiding or abetting in such violation shall be guilty of a mis-demeanor
and punished by fine or imprisonment, or both, in the discretion
of the court.
Sec. 20. If a county accountant shall knowingly certify any contract,
agreement, or warrant in violation of the requirements of this act, or approve
any fraudulent, erroneous, or otherwise invalid claim or bill, or make any
statement required by this act, knowing the same to be false, or shall will-fully
fail to perform any duties imposed upon him by this act, he shall be
guilty of a misdemeanor and punishable for each offense by a fine of not
less than fifty dollars ($50.00) or imprisonment for not less than twenty
(20) days, or both fine and imprisonment in the discretion of the court, and
shall be liable on his bond for all damages caused by such violation or failure.
Sec. 21. If any county officer or head of a department or other official or
person of whom duties are required by this act shall willfully violate any
part of this act, or shall willfully fail to perform any such duties, he shall
be liable for all damages caused thereby.
Sec. 22. The recovery of all damages allowed by the act may be made in
the court having jurisdiction of the suit of the county, any subdivision
thereof, or any taxpayer or other person aggrieved.
38
Sec. 23. It shall be the duty of the chairman of the board of county com-missioners
to report to the solicitor of the district within which the county
lies all facts and circumstances showing the commission of any offense as
defined herein, and it shall be the duty of the solicitor to prosecute.
Sec. 24. It is the purpose of this act to provide a uniform system for all
counties of the State by which the fiscal affairs of counties and subdivisions
thereof may be regulated, to the end that accumulated deficits may be made
up, and future deficits prevented, either under the provisions of this act or
under the provisions of other laws authorizing the funding of debts and
deficits, and to the end that every county in the State may balance its budget
and carry out its functions without incurring deficits.
Sec. 25. All laws and parts of laws, whether general, local or special,
which are in confiict with this act, are hereby repealed. Nothing herein
contained, however, shall require any county now operating under a budget
system provided by any local or special act now in force or which may be
passed at the Regular Session of the General Assembly of 1927, to abandon
any such operation or to comply with this act, but any such county may,
in the discretion of its board of commissioners, elect to conduct its pro-cedure
under any one or more sections of this act as the board may deem
best. All such counties shall nevertheless be subject to the requirements
of certain provisions of this act, which are: (a) the annual publication of
financial information, substantially as required by section 11; (6) the adop-tion
of an appropriation resolution which shall appropriate the full amount
of all deficits not funded and the full amount required for debt service as
required by section 8; (c) the annual levy of taxes sufficient to meet all
appropriations and the probable amount of uncollectible taxes computed as
required by section 12; (d) endorsement by some one county officer, who
shall either be the county accountant or an officer designated for that pur-pose
by the board, of all contracts, agreements, requisitions, warrants and
orders, substantially as provided by sections 15 and 16; (e) compliance with
all the provisions' of section 19, and (/) all the provisions of sections 20, 21,
22, and 23 as to penalties, liability for damages and requirements for report-ing
offenses to the district solicitor, shall apply in all such counties so far
as such counties are herein required to comply with this act.
Sec. 26. If any part of this act shall be held unconstitutional, the parts
not unconstitutional shall remain in force, and the unconstitutional part
shall be regarded as exscinded.
Sec. 27. This act shall be in force from and after its ratification.
Ratified this 7th day of March, 1927.
1927, c —
.
AJf ACT TO PROYIDE FOR THE ISSUANCE OF BOjVDS AND IfOTES OF
COUNTIES, AND FOR PROPERTY TAXATION FOR THE PAYMENT
THEREOF, WITH INTEREST.
The General Assembly of North Carolina do enact:
Section 1. Short title. This act shall be known and may be cited as "The
County Finance Act."
39
Sec. 2. Meaning of terms. In tMs act, unless the context otherwise re-quires,
the words
—
"Governing Body" means the board of county commissioners, or the board
or body in which the general legislative powers of the entire county are
vested.
"Clerk" means the officer acting as clerk of the governing body.
"Necessary Expenses" means the necessary expenses referred to in section
seven of Article Seven of the Constitution of North Carolina.
"Published" means printed in a newspaper published in the county, if
there be such a newspaper, but otherwise means posted at the courthouse
door and in at least three other public places in the county.
"Chief Financial officer" means the county accountant, auditor, or other
officer designated or appointed by the governing body to supervise the fiscal
affairs of the county, unless such other officer shall be designated by law.
Sec. 3. Application and constnictio-n of act. This act shall apply to all
counties in the State, except as otherwise provided herein. Every provision
of this act shall be construed as being qualified by constitutional provisions
whenever such construction shall be necessary in order to sustain the con-stitutionality
of any portion of this act.
Sec. 4. Kevenue anticipation loans for ordinary expenses. Counties may
borrow money for the purpose of paying appropriations made for the current
fiscal year in anticipation of the collection of the taxes and other revenues
of such fiscal year, payable at such time or times, not later than thirty days
after the expiration of the current fiscal year, as the governing board may
fix. No such loan shall be made if the amount thereof, together with the
amount of similar previous loans remaining unpaid, shall exceed 80 per cent
of the amount of uncollected taxes and other revenue for the fiscal year
in which the loan is made, as estimated by the chief financial officer and
certified in writing by him to the governing body.
Sec. 5. Revenue anticipation loans for debt service. For the purpose of
paying the principal or interest of bonds or notes due or to become due within
four months, and not otherwise adequately provided for, any county may
borrow money in anticipation of the receipt of either the revenues of The
fiscal year in which the loan is made or the revenues of the next succeeding
fiscal year, and such loan shall be payable not later than the end of such
next succeeding fiscal year.
Sec. 6. iPfotes evidencing' revenue anticipation loans. Negotiable notes
shall be issued for all moneys borrowed under the two preceding sections,
which notes may be renewed from time to time, and money may be borrowed
upon new notes from time to time for the payment of any indebtedness evi-denced
thereby; but all such notes and loans shall mature within the time
limited by said two sections for the payment of the original loan. No
money shall be borrowed under said sections at a rate of interest exceeding
the maximum rate permitted by law. If such notes mature not more than
six months after their date, they may be disposed of either by public or
private negotiations, after five days notice has been given in some newspaper
having a general circulation in the county. If such notes mature more than
six months after their date, they shall not be disposed of except in accord-ance
with the provisions of this act governing the disposal of bond antici-pation
notes maturing more than six months from date. All notes herefn
40
provided for shall be authorized by a resolution of the governing body,
which shall fix the actual or maximum face amount of the notes and the
actual or maximum rate of interest to be paid upon the amount borrowed.
The governing body may delegate to any officer the power to fix such face
amount and rate of interest within the limitations prescribed by such resolu-tion,
and the power to dispose of such notes, which shall be executed under
the seal of the county by the chairman and clerk of the board, or by any
two officers designated by the board for that purpose, and any interest
coupons thereto attached shall be signed with the manual or facsimile signa-ture
of said clerk or of any other officer designated by the board for that
purpose.
Sec. 7. Certification of revenue auticipation notes. No revenue anticipa-tion
notes shall be valid unless there shall be written or printed on the face
or the reverse thereof a statement signed by the chief financial officer of the
county in the words: "This note and all other revenue anticipation notes of
the county amount to less than 80 per cent of the amount of uncollected
taxes and other revenue for the current year": Provided, however, that if
such notes are issued under the authority given by section five of this act,
said statement may be either in said words or in the words, "This note is
issued under section five of the County Finance Act for the payment of
principal or interest of bonds or notes."
Sec. 8. Purposes for which bonds may be issued and taxes levied. The
special approval of the General Assembly is hereby given to the issuance
by counties of bonds and notes for the special purposes named in this sec-tion,
and to the levy of property taxes for the payment of such bonds and
notes and interest thereon. Accordingly, authority is hereby given to all
counties in the State, under the terms and conditions herein described, to
issue bonds and notes, and to levy property taxes for the payment of the
same, with interest thereon, for the following purposes, including therein
purchase of the necessary land and, in the case of buildings, the necessary
equipment.
(a) Erection and purchase of schoolhouses.
(b) Highway construction and reconstruction, including bridges and
culverts. ' iit - I'lJ^
(c) Bridge construction.
(d) Erection and purchase of courthouse and jails, including a public
auditorium within and as a part of a courthouse.
(e) Erection and purchase of county homes for the indigent and infirm.
(f) Erection and purchase of hospitals.
(g) Erection and purchase of public auditoriums.
(h) Elimination of grade crossings over railroads and interurban rail-ways,
including approaches and damages, when not less than one-half of the
cost shall be payable to the county at one time, or from time to time under
contract made with a railroad or interurban railway company, the bonds
herein authorized to be for the entire cost or any portion thereof.
(i) Acquisition and improvement of lands for public parks and play-grounds.
(j) Funding or refunding of valid indebtedness incurred before July
first, one thousand nine hundred and twenty-seven, if such indebtedness be
payable at the time of the passage of the order authorizing the bonds or be
41
payable within one year thereafter, or, although payable more than one
year thereafter, is to be canceled prior to its maturity and simultaneously
with the issuance of the funding or refunding bonds, and all debt not evi-denced
by bonds which was created for necessary expenses of any county
and which remains outstanding at the ratification of this act is hereby
validated.
(k) A portion to be determined by the governing body of the cost of con-struction
of bridges at county boundaries, when an adjoining county or
municipality, within or without the State, shall have agreed to pay the re-maining
cost of construction.
(1) A portion to be determined by the governing body of the cost of
public buildings constructed or acquired in order that a part of such build-ings
may be used for a purpose hereinabove expressed when a municipality
within the county shall agree to pay the remaining cost.
Sec. 9. Order of gOTerning- body required. Bonds of a county shall be
authorized by an order of the governing body, the term "order" being here
used to indicate the order, resolution, or measure which declares that bonds
shall be issued, in order to differentiate the same from such subsequent
resolution as may be passed in respect of details which such order is not
required to contain. Such order shall state:
(a) In brief and general terms, the purpose for which the bonds are to
be issued, but not more than one purpose of issue shall be stated, the pur-poses
set forth in any one subsection of section eight of this act to be
deemed as one purpose;
(b) The maximum aggregate principal amount of the bonds;
(c) That a tax sufficient to pay the principal and interest of the bonds
when due shall be annually levied and collected;
(d) That a statement of the county debt has been filed with the clerk
and is open to public inspection;
(e) A clause stating the conditions upon which the order will become
effective, and the same shall become effective in accordance with such clauso,
which clause shall be as follows:
(1) If the bonds are funding or refunding bonds, that the order shall
take effect upon its passage, and shall not be submitted to the voters; or
(2) If the bonds are for a purpose other than the payment of necessary
expenses, or if the governing body, although not required to obtain the
assent of the voters before issuing the bonds, deems it advisable to obtain
such assent, that the order shall take effect when approved by the voters
of the county at an election as provided in this act; or
(3) In any other case, that the order shall take effect thirty days after
the first publication thereof after final passage, unless in the meantime a
petition for its submission to the voters is filed under this act, and that in
such event it shall take effect when approved by the voters of the county
at an election as provided in this act.
Sec. 10. Order need not speeiiy details of purpose. In stating the pur-pose
of a bond issue, an order need not specify the locatfon of any improve-ment
or property, or the material of construction.
Sec. 11. Maturities of Bonds. All bonds shall mature in annual series as
hereinafter provided, and no funding or refunding bonds shall mature after
the expiration of the period herein fixed for such bonds, respectively; and
42
no other bonds shall mature after the expiration of the period estimatefl
by the governing body as the life of the improvement for v^^hich the bonds
are issued, each such period to be computed from a day not later than one
year after the passage of the order. Such periods shall not exceed the fol-lowing
for the respective classes of bonds:
(a) Funding bonds, fifteen years.
(b) Refunding bonds, twenty years.
(c) Bridge bonds (including retaining walls and approaches), forty
years, unless constructed of wood and in that case, ten years.
(d) Elimination of grade crossings, thirty years.
(e) Lands for public parks and playgrounds, including improvements,
buildings, and equipment, forty years.
(f) Highway construction or reconstruction, including bridges and cul-verts,
if the surface
—
(1) Is constructed of sand and gravel, five years;
(2) Is of waterbound macadam or penetration process, ten years;
(3) Is of brick, blocks, sheet asphalt, bitulithic or bituminous concrete,
laid on a solid foundation, or is of concrete, twenty years.
(g) If, in the order of subsequent resolution, the governing body should
be unwilling to provide that the surface of highways to be constructed or
reconstructed with the proceeds of bonds shall have any surface describecl
above, it shall be lawful to provide for a different surfacing if the State
Highway Commission or the chairman thereof shall certify, and if an ordor
or resolution of the governing body shall recite such certification (which
recital shall be conclusive for the purpose of this act) that the surfacing
so provided is believed to be of at least equal durability with the surfacing
described in one or the other of the three classes of surfacing above de-scribed,
and in that event the bonds shall not mature later than fhe period
hereinabove provided for such similar surfacing.
(h) Public buildings, if they are
—
(1) Of fireproof construction, that is, a building the walls of which are
constructed of brick, stone, iron or other hard, incombustible materials, and
in which there are no wood beams or lintels, and in which the floors, roofs,
stair halls, and public halls are built entirely of brick, stone, iron or other
hard, incombustible materials, and in which no woodwork or other in-flammable
materials are used in any of the partitions, flooring, or ceiling
(but the building shall be deemed to be of fireproof construction, notwith-standing
that elsewhere than in the stair halls and entrance halls there is
wooden flooring supported by wooden sleepers on top of the fireproof floor,
and that it contains wooden handrails and treads, made of hardv/ood, not
less than two inches thick), forty years;
(2) Of non-fireproof construction, that is, a building the outer walls of
which are constructed of brick, stone, iron or other hard, incombustible
materials, but which in any other respect differs from a fireproof buITding
as defined in this section, thirty years;
(3) Of other construction, twenty years.
Sec. 12. Consolidated Ibond issues. It shall be lawful to consolidate into
one issue bonds authorized by two or more orders for different purposes.
In which event the bonds of such consolidated issiie shall mature within
the average of the periods estimated as the life of the several improve-
43
nients, taking into consideration the amount of bonds to be issued on account
of each item for which a period shall be estimated.
Sec. 13. Sworn statement of debt, before authorization of bonds for school
purposes. After the introduction, and at least ten days before the final pas-sage
of an order for the issuance of bonds for school purposes, an officer
designated by the governing body for that purpose shall file with the clerk
a statement of debt incurred and to be incurred for school purposes under
orders either introduced or passed, whether evidenced by bonds, notes, or
otherwise, and whether incurred by original creation of the debt or by
assumption of debt, including debt incurred by the county board of educa-tion,
and including debt to the State or to any department thereof, but not
including obligations incurred to meet appropriations in anticipation of
revenues to an amount not exceeding the amount of the last preceding tax
levy for school purposes, nor including debt incurred in anticipation of the
sale of any kind of bonds except funding and refunding bonds, which state-ment
shall show the following:
(a) The assessed valuation of property as last fixed for county taxation.
(b) Outstanding school debt.
(c) Bonded school debt to be incurred under orders either passed or in-troduced.
(d) The sum of items "b" and "c."
(e) School sinking funds, being money or investments thereof pledged
and held for the payment of principal of outstanding school debt.
(f) School credits, being principal sums owing to the county from school
districts which are pledged to and when collected will be used in the retire-ment
of outstanding school debt.
(g) Amount of unissued funding and refunding school bonds included in
gross debt.
(h) The sum of items "e" and "f" and "g."
(i) Net school debt, being the sum by which item "d" exceeds item "h."
(j) The percentage that the net school debt bears to said assessed valu-ation.
Sec. 14. Sworn statement of debt before authorization of bonds for other
than school purposes. After the introduction, and at least ten days before
the final passage of an order for the issuance of bonds for other than school
purposes, an ofRcer designated by the governing body for that purpose shall
file with the clerk a statement of debt incurred and to be incurred for other
than school purposes under orders either introduced or passed, whether
evidenced by bonds, notes, or otherwise, and whether incurred by original
creation of the debt or by assumption of the debt, including debt to the
State or any department thereof, but not including obligations incurred to
meet appropriations in anticipation of revenues to an amount not exceeding
the amount of the last preceding tax levy for other than school purposes, or
including debt incurred in anticipation of the sale of any kind of bonds
except funding and refunding bonds, which statement shall show the fol-lowing:
(a) The assessed valuation of property as last fixed for county taxation.
(b) Outstanding debt for other than school purposes.
(c) Bonded debt to be incurred for other than school purposes under
orders either passed or introduced.
44
(d) The sum of items "b" and "c."
(e) Sinking fund (except school sinking fund), being money or invest-ments
thereof pledged and held for the payment of principal of debt out-standing
for other than school purposes.
(f) Moneys payable to the county by a railroad or interurban railway
company, under contract, as all or part of the cost of grade crossing elimi-nation,
if such moneys are pledged to and when collected will be used in the
retirement of outstanding debt for other than school purposes.
(g) Amount of unissued funding and refunding bonds not for school pur-poses
included in gross debt.
(h) The sum of items "e," "f," and "g."
(i) Net debt for other than school purposes, being the sum by which
item "e" exceeds item "h."
(j) The percentage that the net debt for other than school purposes bears
to said as